SATYA NARAIN GARG Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THE question for consideration in this writ petition is, whether the period of suspension suffered by the petitioner, which has been orde- red to be treated as earned leave is a justified order, or whether the same requires interference so as to quash it as illegal.

(2.) THE circumstances under which the aforesaid question requires to be decided are enumerated in its essential details as follows :

(3.) THIS writ petition challenges the aforesaid order on the averment that in view of the discharge of the petitioner from the criminal case, his suspension ultimately should be held unjustified and the entire period of suspension should be treated as period spent on duty. Reliance in this context has been placed on Regula- tion 2 of the Service Regulations, 1972 which lays down that if the employee is exonerated or the period of suspension is held to be illegal, he would be entitled for the entire pay for the period of suspension and the said suspension period will also be treated as on duty.