RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide Order dated 8.7.1985, Annexure P-1 the petitioner was suspended and his headquarter was fixed in the office of the Medical Superintendent, ESI Hospital, Faridabad. However, on 6.11.1985 the petitioner was reinstated with immediate effect the without any prejudice to the pending enquiry and was posted against the post of Clerk in the Primary Health Centre, Kahanaur. It is conceded at the Bar that on 6.11.1985 no enquiry was pending against the petitioner. The charge-sheet was served upon the petitioner on 1.4.1987, Annexure-3, which was later on withdrawn on 16.3.1990, vide Annexure P-4. Another charge sheet dated 18.6.1990, Annexure P-5 was issued to the petitioner. By issuance of charge-sheets and their withdrawal or the completion of the proposed enquiry, the petitioner was deprived of salary for the period of suspension and also declined the Annual Grade increments, which he claims to be entitled. The respondents have tried to justify action on the ground that as an enquiry was contemplated against the petitioner, he was not entitled to the grant of the relief as prayed for in this petition. This submission of the learned counsel for the respondents is without any substance inasmuch as the petitioner was reinstated, he was entitled to all consequential benefits. The respondents were at liberty to hold an enquiry in accordance with the provisions of law and pass appropriate orders regarding punishment if so required. Pending enquiry or awarding of punishment under the service rules, the petitioner cannot be deprived of his arrears of salary and Annual Grade increments. The respondents have not been able to justify their action on the basis of any rule or authority of law.

(2.) Under these circumstances, the petition is allowed with a direction to the respondents to pay the petitioner his salary for the period of suspension and release his Annual Grade Increments falling due every year since 1.12.1985 till date. The arrears of salary and Annual Grade Increments shall be paid within two months alongwith interest at the rate of 12% P.A. However, if the arrears are not paid within the aforesaid period, the petitioner shall be entitled to the payment of arrears along with interest at the rate of 18% p.a. from the date when the amount became due to him till the date the amount is actually paid to him. However, it is further made clear that the order would not prevent the respondents from holding an enquiry against the petitioner, if any, and pass appropriate orders in accordance with the provisions of the Rules applicable in the case.