RULI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners (except petitioner No.11) are working as Octroi Incharge Barrior (hereinafter referred to as Octroi Moharrirs) with the State of Haryana and are members of Haryana Municipal Service. Petitioner No. 11 was also working as Octroi Moharrir who was ordered to be retired by the State of Haryana on 23rd June, 1987. Petitioners have been working as Octroi Moharrirs at different periods of time in different Municipal Committees. All of them were put together and charge sheeted to face criminal Trial under Sections 408/420/201/477 and 422 IPC. Formal challan was presented by the police in the Court of Trial Magistrate at Jagadhri. On the registration of the criminal case by the police, the petitioners were suspended by the Deputy Commissioner, Ambala, being the appointing and punishing authority of the petitioners undertime, rules on different dates in the year 1985.

(2.) On 1.4.1987, the Judicial Magistrate First Class, Jagadhri, passed order charge-sheeting the petitioners in the aforesaid case. Petitioners alongwith others challenged the said order by tiling a petition under Section 482 Cr.P.C. in this Court. The said petition was numbered as Crl, Misc. No. 3787-M of 1987, The said petition was finally disposed of by I.S. Tiwana, J. (as he then was) on 27th July, 1987. The petition was allowed and tie order passed by the Judicial Magistrate Ist Class, Jagadhri, charge- sheeting the petitioners in proceedings, were ordered to be quashed; that after the proceedings against the petitioners were quashed by this Court. The petitioners filed representation for reinstatement and for payment of their dues and arrears. The Deputy Commissioner, respondent No.2, vide his orders dated 8th Sept.1987 (P-3) ordered that the petitioners except petitioner No. 1 be reinstated. No order was passed regarding the arrears of salary and allowances for the suspension period, apart from what had already been paid to them as subsistence allowance. Petitioners have filed the present writ petition claiming the release of their arrears of salary and allowances for the period during which they remained under suspension from the various dates i.e. from the year 1985 till their reinstatement in service from 8th Sept. 1987.

(3.) In the written statement, the fact regarding the suspension of the petitioners and their reinstatement has been admitted: The plea for not releasing the arrears of salary and other allowances during the suspension period is that the petitioners have again been charge-sheeted departmentally individually; that no orders regarding release of salary and allowances during the suspension period have been passed because a departmental enquiry has been initiated agabst the petitioners; that the Deputy Commissioner, respondent No. 2 was not under any obligation to order such payment to the petitioners as the matter is still under enquiry,