LAWS(P&H)-2019-2-85

SANTOKH SINGH Vs. STATE OF PUNJAB

Decided On February 07, 2019
SANTOKH SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) In the present writ petition, the grievance which has been raised by the petitioner is that he has not been given the salary for the period when he remained under suspension from 17/6/2003 till 3/5/2010 in view of the criminal proceedings pending against him. The next prayer which has been made by the petitioner is that though he retired on 30/9/2012 but his actual benefits were released after an inordinate and unexplained delay and, therefore, the petitioner is entitled for the interest on the said delayed payments as well.

(2.) As per the facts mentioned in the writ petition, the petitioner joined as a Class-IV employee with the respondent-Department on 28/1/1977. While the petitioner was working as such, an FIR No. 101 dtd. 4/4/2003, under Sec. 420 IPC, Police Station Civil Lines, Amritsar was registered against him. In pursuance to the said FIR, petitioner was arrested on 17/6/2003 and keeping in view the said fact, the respondent-Department passed an order on 25/6/2003 suspending the petitioner by invoking the provisions of Punjab Civil Services (Punishment & Appeal) Rules, 1970 w.e.f. 17/6/2003 itself. Petitioner continued under suspension due to the said criminal proceedings from 17/6/2003 till 3/5/2010.

(3.) It has been contended by the petitioner that before the criminal proceedings came to an end, the petitioner was re-instated in service on 4/5/2010 and he continued working till he superannuated from service on 30/9/2012.