PIARE LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) While the petitioner was working as Block Education Officer in Ghall Khurd, District Ferozepur, he was transferred vide order dated June 20,1979, copy at Annexure P.l, to a place known as Jhumianwali in the same district. This order is stated to have been conveyed to the petitioner on June 22,1978, in pursuant to which, he joined at Jhumianwali on July 10, 1978. It is further the case of the petitioner that nobody came to take over the charge from the petitioner when he was transferred from Ghall Khurd to Jhumianwali.

(2.) Vide order dated Oct. 18,1978, the petitioner was placed under suspension. This order, according to the learned counsel, was not conveyed to the petitioner. It is the case of the respondents that while the petitioner was working as Block Education Officer, Ghall Khurd, he withdrew a sum of Rs.l,17,503.38 Ps. from the treasury on various dates for disbursement to the teachers working under him, but he did not disburse the amount to them and it was on this account that he was placed under suspension.

(3.) The petitioner retired from service on attaining the age of superannuation on Dec. 31,1982. An F.I.R. No. 16, dated Jan. 11,1983 for offence under Sec. 409 was registered against the petitioner at Police Station Ghall Khurd and, according to the learned counsel for the petitioner, the alleged amount of embezzlement in this FIR was Rs.9,800.00. The case was put to trial. However, the petitioner was acquitted on April 1, 1992. Even appeal filed by the respondents against the acquittal was dismissed by this Court on Sept. 28,1992. This petition has been filed with a prayer that the respondents be directed to pay the petitioner the entire pay with effect from the date he was put under suspension till his date of superannuation and thereafter all the retiral benefits be released to the petitioner. Learned counsel for the petitioner further states that after the transfer of the petitioner from Ghal Khurd to Jhumianwali and till the date of suspension, he has not been paid his salary and that should also be got released from the respondents.