MAHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short question for consideration in this writ petition filed under Article 226 of the Constitution of India is whether the petitioner on having been acquitted with benefit of doubt on a criminal charge is entitled to full pay and allowances for the period he remained out of service.

(2.) The facts leading to the filing of the writ petition are that petitioner Maha Singh while working as a Clerk was placed under suspension on having been arrested in a criminal case under Sections 307/506/148/149 I.P.C. vide order dated September 21, 1979 (copy Annexure P-1) to the writ petition) Subsequently, he was dismissed from service vide order dated 10.2.1981 (copy Annexure P-2) as he was held guilty for the offences punishable under Sections 326, 325 read with 148 and 149 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for various terms by the Additional Sessions Judge, Karnal, vide his judgment dated July 16, 1980. On appeal, the petitioner was acquitted by this Court vide its judgment dated March 14, 1983 (copy Annexure P-3) by giving him the benefit of doubt. As a result, the petitioner was reinstated vide order dated 23.12.1983 (copy Annexure P-4). Regarding the period of his suspension, it was ordered by respondent No. 2 vide its order dated 1.10.1987 (copy Annexure P-6) that the petitioner should be paid nothing beyond subsistence allowance already drawn by him for the period he remained under suspension and the period of suspension be treated as duty only for the purpose of pension and leave. Before taking the aforesaid decision, the petitioner was afforded an opportunity of showing cause against the action proposed to be taken vide order dated 11.10.1984. The petitioner submitted reply dated 20.2.1987 to the said show cause notice. The authority reached the conclusion that the suspension of the petitioner was not wholly unjustified and reiterated its earlier decision adverted to above.

(3.) Aggrieved against the action of the respondents, the petitioner has filed this writ petition.