SUKHCHAIN SINGH Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) PETITIONER has approached this Court praying for quashing the part of the order dated 16.10.2006 (Annexure P -3) whereby the order of dismissal of the petitioner dated 18.4.2004/24.3.2005 has been set aside but he has been deprived of the salary for the period on the ground that he has not served the department. Counsel for the petitioner contends that initially petitioner was convicted by the trial Court under Section 498A read with Section 406 IPC. On an appeal preferred by him, learned Addl. Sessions Judge, Amritsar vide order dated 7.8.2002 (Annexure P -l) acquitted the petitioner of the charge framed under Section 498A IPC, however, the appeal with regard to the offence under Section 406 IPC was dismissed and the petitioner was taken into custody to serve the remaining part of the sentence. Petitioner was thereafter taken back in service vide order dated 16.10.2006 (Annexure P -3) by setting aside the order of dismissal, however, it was ordered that the period for which he did not perform the duty may be treated as leave of the kind due. Petitioner preferred Criminal Revision No. 1662 of 2002 against the order passed by the Addl. Sessions Judge, Amritsar dated 7.8.2002. The said revision petition came up for hearing on 16.9.2008 when the Court set aside the judgment passed by the trial Court and acquitted the petitioner of the charges framed against him. On the basis of his acquittal, he submitted a legal notice dated 27.7.2010 (Annexure P -6) to the Secretary, Govt. of Punjab, Department of Education -respondent No. 1 asserting therein that he is entitled to the grant of pay and allowances of the period he had remained out of service because of the criminal proceedings initiated against him, which resulted in conviction leading to Ms dismissal from service and on his acquittal he is entitled to the benefits under Rule 7.3(2) of the Punjab Civil Services Rules, Volume -I, Part -I. The said benefits have not been granted to the petitioner, thus, the present writ petition has been filed by him.

(2.) COUNSEL for the petitioner while referring to Rule 7.3(2) of the Punjab Civil Services Rules, Volume -I, Part -I asserts that the petitioner be paid the pay and allowances of the period he had remained out of service because of conviction which has resulted in his dismissal till the date of his reinstatement in the light of the fact that he now stands acquitted of the charges levelled against him. He accordingly contends that the petition be allowed by setting aside the part of the order dated 16.10.2006 (Annexure P -3), which denies him the pay and allowances for the period when the petitioner was out of service.

(3.) ON considering the submissions made by the counsel for the parties and with their assistance have gone through the records of the case.