ISHWAR SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner, who was serving the respondents as Election Tehsildar, on registration of a criminal case against him, was suspended on 07.07.2006. In the trial, which ensued, he was acquitted and on such acquittal, was reinstated on 23/24.11.2009, but during the time, when the petitioner was suspended, junior to the petitioner namely Hari Chand Jagga was promoted as Assistant Chief Electoral Officer, subject to the decision of the criminal case pending against the petitioner.

(2.) On being reinstated, the petitioner was issued charge-sheet on the same allegations, which formed basis of the criminal charge. In the departmental inquiry, which followed, the petitioner was exonerated. On such exoneration, the Punishing Authority, while accepting the Inquiry Report, ordered that the suspension period of the petitioner from 07.07.2006 till 23/24.11.2009 would be considered as leave of the kind due.

(3.) Through the present petition, the petitioner seeks full pay and allowances for the period of his suspension, as also promotion with effect from the date his junior had been promoted.