KHALIL AHMED Vs. REGISTRAR, COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE only point in this writ petition is the entitlement of an employee to claim full wages and allowances attached to a post during the period when he was kept under suspension, pending enquiry into certain charges when ultimately the employee was exonerated from the same. In this case, the Petitioner had been appointed as a Secretary in a Cooperative Society but terminated by the Board of Directors on the ground that he did not possess the requisite qualification. This termination was challenged in an intra departmental appeal, which was allowed and the Petitioner was allowed to join the duties by order dated 29.06.1987 vide Annexure P3. The order, however, directed that no arrears of pay would be paid during the period of suspension. This was again challenged by the workman through representations but the Petitioner's claim was rejected by order of the Managing Director by proceedings dated 28.09.1990 (Annexure P10) which is the subject of challenge before this Court.

(2.) THE learned Counsel refers me to the Haryana State Central Cooperative Banks' Staff Service (Common Cadre) Rules relating to the relevant provisions as to how a suspension period was to be treated in a case of subsequent exoneration of charges. The relevant rules reads as under: