BHAGAWAN SINGH Vs. CANARA BANK

JUDGEMENT

(1.) In this writ petition, petitioner is aggrieved by the order of his suspension passed on January 25, 1992 (Annexure '1') in contemplation of a departmental proceeding and also by order dated November 4, 1997 (Annexure-2) issued in modification of the aforementioned order continuing him under suspension pending criminal case/disciplinary proceedings contemplated against him.

(2.) It is submitted on behalf of the petitioner that the impugned order of suspension is fit to be quashed on the sole ground that it has now prolonged for over eight years. Learned counsel for the petitioner has submitted that in any view of the matter under paragraph 521 of the Shastri Award which also forms part of the Regulation of the respondent-Canara Bank, petitioner after completion of one year of his suspension is entitled for full pay and thus the respondents may be directed accordingly to pay full salary to the petitioner since after completion of one year of his suspension.

(3.) Mr. Chittaranjan Sinha, learned Senior counsel appearing for the respondent-Bank has submitted that in view of the pendency of the criminal case which has been registered by the CBI, Patna against this petitioner vide R. C. No. 10 (A)/92 dated March 11, 1992 under Sections 120-B, 420, 467, 468, 471 and 477-AIPC and Section 13 (l)(d)/13(2) of the Prevention of Corruption Act, 1988, continuance of the order of suspension cannot be said to be a prolonged suspension warranting interference inasmuch as it is not because of any fault on the part of the Respondent-Bank that the criminal case is still pending on account of which the petitioner can be held to have been suffering unnecessarily. With respect to second submission, it is submitted that in a case where suspension has continued beyond one year not on account of the delay attributable to the management of the Bank, the provisions governing payment of full pay after completion of one year is not attracted. According to the learned Senior counsel, an employee is eligible for full pay and allowances after one year of suspension only if the delay in enquiry is not attributable to the workman and in a case where investigation is done by the outside agency and the said agency has come to the conclusion not to prosecute the employee, full pay and allowances are payable after six months from the date of receipt of report from the said agency. It is submitted that the petitioner is now under suspension by virtue of the order contained in Annexure-2 pending a criminal case/disciplinary proceeding contemplated against him and on investigation CBI submitted charge-sheet to prosecute the petitioner, which is still pending in the CBI, Special Court, Patna. Under such circumstances provision regarding payment of full pay is not applicable in the case of the petitioner as the outside agency proceeded to prosecute him and the criminal case is still pending. According to learned Senior counsel for the Bank, the case of the petitioner was governed by clause (i) and clause (ii) of the said Regulation, wherein he was eligible for only half pay and allowances after completion of three months of suspension.