SUDERSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for issuance of a writ in the nature of certiorari for quashing the condition imposed in the order dated 26.7.1996 Annexure P2 passed by respondent No. 2 to the effect that the petitioner shall however not be paid any arrears of pay from 9.12.1988 to the date to his actual joining as he has not actually worked as Transport Sub Inspector during this period.

(2.) Petitioner joined service as a Clerk in the Haryana Transport Department in the year 1972. While posted at Bahadurgarh at Road Tax Barrier in the year 1989, a case under section 5(2) of the Prevention of Corruption Act, 1947 (bearing F.I.R. No. 247 dated 6.7.1988, Police Station Bahaduragarh) was registered against him on account of alleged acceptance of Rs. 20/- as bribe. He was placed under suspension. Petitioner was convicted and sentenced by Special Judge, Rohtak, on 15.6.1989 against which he filed an appeal (Crl. A. No. 295-SB of 1989) in this Court. Appeal was accepted, his conviction and sentence was set aside. Consequent upon his acquittal in the said case, petitioner was reinstated in service on 14.7.1995. It was ordered that the period for which the petitioner remained under suspension will be treated as period spent on duty for all intents and purposes. Petitioner was also paid the arrears of pay and allowances for the suspension period of the post of a clerk from the date he had been suspended.

(3.) On the basis of seniority, petitioner was entitled to be promoted as Transport Sub Inspector. Respondents after considering the case of the petitioner passed order dated 26.7.1996 Annexure P2 thereby promoting him as Transport Sub Inspector with effect from 9.12.1988 in the scale of Rs. 1400-2600. However, a rider was imposed in the said order that petitioner shall not be paid arrears of pay and allowances from 9.12.1988 to-date as he had not actually worked as Transport Sub Inspector during this period.