BHARAT BHUSHAN Vs. HP STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PRESENT Civil Writ Petition filed by the petitioner pleaded therein that petitioner was initially appointed as Junior Engineer (Electrical) with the respondent department the then HP State Electricity Board in the year 1977 and joined on 28.4.1977. It is further pleaded that petitioner was promoted on out of turn basis as Assistant Engineer (E) vide order dated 18.11.1995 and further he was posted in Rongtong Power House Sub Division Rangrik in District Lahaul & Spiti. It is further pleaded that promotion was made in view of the scheme for tribal areas. It is further pleaded that a criminal complaint was filed against the petitioner and he was reverted to the post of Junior Engineer and was posted at Electrical Division Chamba vide order dated 14.9.1999. It is further pleaded that no charge sheet or inquiry was initiated against the petitioner and subsistence allowance was granted to the petitioner and thereafter subsistence allowance was also increased. It is further pleaded that thereafter headquarter of the petitioner was shifted from Chamba to Shimla. It is further pleaded that criminal FIR was also lodged against the petitioner. It is further pleaded that petitioner filed several representations before the respondents that he should be reinstated but the petitioner was not reinstated. Hence petitioner filed present writ petition.

(2.) PER contra reply filed on behalf of the respondents pleaded therein that petitioner was suspended on account of registration of FIR No. 33 of 2000 dated 28.9.2000 against the petitioner under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code and under Section 13(2) of the Prevention of Corruption Act. It is further pleaded that petitioner also remained in police custody w.e.f. 1.10.2001 to 16.11.2001 and consequently the petitioner was placed under suspension by Chief Engineer (OP) South HP State Electricity Board vide order No. CEO/CA -Confd -suspension/99 -2565 -71 dated 15.9.1999. It is further pleaded that petitioner was not promoted due to pendency of criminal case against him. It is further pleaded that petitioner was reinstated on dated 27.6.2013 by Chief Engineer (OP) South HPSEB Shimla -171004. It is further pleaded that suspension of the petitioner was revoked by Chief Engineer (OP) South HP State Electricity Board Shimla on dated 27th June, 2013 and provisional pension has been sanctioned by Sr. Executive Engineer City Electrical Division HPSEBL Shimla amounting to Rs. 4095/ -(Rupee Four thousand ninety five) per month for a period of six months w.e.f. 1st July 2013 to 31st December, 2013 vide letter No. HPSEBL/CED/Pension/2013 -8784 -89 dated 8.1.2014. Prayer for dismissal of the petition sought.

(3.) SUBMISSION of learned Advocate appearing on behalf of the petitioner that petitioner is legally entitled for the entire salary along with all emoluments for the suspension period in view of revocation of suspension order is accepted for the reasons hereinafter mentioned. It is well settled law that gratuity and pension are the earned benefit of any employee and right to receive pension is in the nature of property. It is also well settled law that pension and gratuity are not bounty. It is well settled law that right to property cannot be taken away without due process of law as per provision of Constitution of India. It is well settled law that denying the petitioner to receive pension and gratuity benefits effects the fundamental rights of the petitioner under Constitution of India. It is proved on record that suspension of the petitioner was revoked by the Competent Authority of law on dated 27th June 2013 vide letter No. CEO/Confd. Suspension/13 -2112 -15. It is held that after revocation of suspension of the petitioner he is legally entitled for all monetary salary and emoluments relating to entire suspension period.