SHOBHA RAM RATURI Vs. UHBVNL AND ORS.

JUDGEMENT

(1.) THE appellant/plaintiff has come up in regular second appeal against the judgment of reversal dated 11.04.2007 whereby the Additional District Judge, Kurukshetra accepted the appeal of the UHBVNL and set aside the judgment dated 31.07.2006 passed by the Civil Judge (Sr.Divn.), Kurukshetra whereby the suit of the plaintiff had been decreed.

(2.) THE plaintiff had faced a criminal trial for an offence under Section 7/13 of the Prevention of Corruption Act, in which he was acquitted. After acquittal, vide orders dated 21.01.1999 and 16.01.2004, his period of suspension with effect from 07.08.1996 to 05.11.1998 was treated as leave of kind due. The trial Court by making reference to the instructions dated 03.10.1997 (Ex. D3) held that the plaintiff had not faced the trial for criminal breach of trust or fabrication and hence the instructions would not be applicable to his case for treating his suspension period. The relevant portion of the instructions read as under: - -

(3.) NO departmental inquiry/charge sheet was pending against the plaintiff as admitted by Dharam Pal Sharma DW1. The suit was decreed and the impugned orders were set aside and plaintiff was held entitled to treat his suspension period for 07.08.1996 to 05.11.1998 as duty period. The lower appellate Court on appeal, set aside the judgment of the trial Court and held that the impugned instructions Ex. D3 were applicable to the case of the plaintiff and the competent authority had discretion to pass any other on the suspension period after the acquittal of the plaintiff under the criminal trial.