JHILMAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court praying for setting-aside the order dated 9.11.2010, Annexure P-7, passed by the Director, Health and Family Welfare Department, Punjabrespondent No.2, vide which he has been denied full salary and allowances for the period from 5.8.2006 to 10.2.2009, during which period, he remained suspended. Prayer has also been made for granting him the benefit of pay and allowances for the said period by setting-aside the impugned order.

(2.) Briefly, the facts are that an FIR No.218, dated 4.8.2006 was registered against the petitioner under Sections 420, 489-A, 489-B, 489-C IPC at Police Station Payal, District Ludhiana. The allegation against the petitioner was that he approached one Ravinder Singh, who was running the business of exchange of foreign currency near bus stand at G.T.Road Doraha, on 4.8.2006 at about 7.30 P.M. and asked him for exchange of US dollars into Indian currency. Petitioner handed over 4 US dollars of the denomination of 100/- each to the complainant. The complainant being suspicious of the genuineness of the US dollars came out of the shop to check the same and found them to be fake. On the basis of said statement, FIR was registered against the petitioner. He was arrested on 5.8.2006 and was released on bail on 9.11.2006. Vide order dated 8.3.2007, Annexure P-3, petitioner was placed under suspension by the Director, Health and Family Welfare, Punjabrespondent No.2.

(3.) In the trial, which ensued, petitioner was acquitted vide judgement dated 27.8.2008, Annexure P-4, by giving him benefit of doubt. On acquittal, the suspension of the petitioner was revoked and he was ordered to join the duty at Kumkalan, Ludhiana vide letter dated 5.2.2009, Annexure P-5. Petitioner was not paid the arrears of salary, to which he was entitled to on his acquittal by the trial Court in the criminal case vide judgement dated 27.8.2008 and, therefore, he served a legal notice, Annexure P-6, upon the respondents. In pursuance thereto, order dated 9.11.2010, Annexure P-7, was passed, rejecting the claim of the petitioner by observing that he is entitled to get full salary for 88 days i.e. from 5.8.2006 to 31.10.2006 and thereafter half salary for the period from 1.11.2006 to 8.2.2007.