CONSTABLE SAHIB SINGH Vs. STATE OF PUNJABAND

JUDGEMENT

(1.) Consequent upon the initiation of proceedings against the petitioner in response to the registration of FIR No.117 dated 28.6.1997, under Sections 376/354 of the Indian Penal Code at Police Station Sadar, Amritsar, the petitioner was placed under suspension. In the criminal proceedings initiated against the petitioner, he was acquitted by he Additional Sessions Judge, Amritsar on 3.11.2000. Since the petitioner was acquitted by giving him the benefit of doubt, a notice dated 10.4.2001 (Annexue R-1) was issued to the petitioner requiring him to show cause why the period for which he remained under suspension, be not treated as non-duty period. In furtherance of the show cause notice, the impugned order dated 24.5.2001 (Annexure P-2) was passed, whereby, the petitioner was ordered to be reinstated from the date of his acquittal i.e. 3.11.2000, and for the period of his suspension, he was held to be entitled to just the subsistence allowance paid to him during the period of his suspension. This is also apparent from the factual position depicted in the preliminary objections contained in the written statement filed on behalf of the respondents. In fact it is also asserted in the written statement that the petitioner has been paid subsistence allowance for the entire period during which he remained under suspension, and was not entitled to any further payment for the period he had remained under suspension.

(2.) Learned counsel for the petitioner does not accept the factual position depicted in the preliminary objections and rather states that he has not been paid even the subsistence allowance for a part of the period of his suspension.

(3.) In view of the above, while disposing of the instant writ petition, we grant liberty to the petitioner, to move an appropriate representation to the respondents, for the payment of subsistence allowance during the period he remained under suspension (for which subsistence allowance has not been released to him). In case any such representation is made by the petitioner, and is found to be factually correct, the respondents shall pay subsistence allowance, for the remaining period to the petitioner, within one month of the date of submission of such representation subject to the condition that the factual position depicted by the petitioner in his representation is found to be correct. Writ petition is disposed of in the aforesaid terms.