SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court impugning the order dated 07.09.2012 (Annexure P-7) to the extent it denies him the release of sum over and above the subsistence allowance for the period he remained under suspension i.e. 27.04.2011 to 10.04.2012.

(2.) IT is the contention of the counsel for the petitioner that initially the petitioner was placed under suspension. He was, after holding the preliminary enquiry, reinstated in service as the Enquiry Officer did not find any substance in the allegations made in the complaint on the basis of which, the petitioner was placed under suspension. The petitioner thus, was entitled to the benefit of treating the period of his suspension as duty period apart from the release of the benefit which he was entitled to, had he been in service and not placed under suspension. The impugned order dated 07.09.2012 denying him the benefit of the amount over and above the subsistence allowance during the period of his suspension is thus not sustainable.

(3.) IN the light of the above facts, the impugned order denying the benefit of sum over and above the subsistence allowance to the petitioner during the period of his suspension cannot be sustained as in the enquiry proceedings, which were initiated against the petitioner, no iota of evidence has been found by the Enquiry Officer. The said enquiry report has been accepted by the punishing authority and, therefore, has reinstated the petitioner in service. In the light the findings recorded by the Enquiry Officer, the period of suspension having been regularized by the punishing authority denying him the benefit over and above the subsistence allowance is totally unjustified and, therefore, cannot sustain. The impugned order, as challenged by the petitioner to the limited extent, therefore, cannot sustain and is hereby quashed. Petitioner is held entitled to the release of pay and allowances for the period of his suspension which be released to the petitioner within a period of two months from the date of receipt of certified copy of the order. Petition stands disposed of accordingly.