NATHU RAM Vs. JAIPUR VIDYUT VITRAN NIGAM LTD

JUDGEMENT

(1.) BY the instant writ petition, the petitioner has prayed for an appropriate writ, order or direction to the respondents to amend order dated 2-6-1998 (Anx. 3) so far as it relates to not passing any order for treating the period from 29-12-1983 to 14-12-1997 as spent on duty for all purposes and full pay and allowances. The petition has further prayed to allow all consequential benefits of service from 30-11-1979 to 2-6-1998 including pay and allowances, annual grade increment, bonus, liveries along with interest at the rate of 12% per annum from 2-6-1998 to the date of payment as well as to fix his pay in the Revised Pay Scale Rules, 1981, 1986, 1989 and 1996 as also to grant selection scale as per order dated 25-1-1992. Although the petitioner has prayed for pensionary benefits including pension, gratuity, leave encashment but on the date of final arguments i. e. 18-5-2007, counsel for the petitioner has not pressed for the relief of pension.

(2.) THE facts, in brief, of the case, as per the petitioner are that on 30-11-1979, while the petitioner was working as Helper Grade-II was placed under suspension on the ground of criminal charge. After conviction by the criminal court in anti corruption case, under Sec. 22 (4) (a) of the Technical Workers' Service Rules, 1975 (in short the Rules of 1975') services of the petitioner from the post of Helper Grade-I were terminated vide order dated 28-12-1982. On filing S. B. Criminal Appeal No. 35/1983, vide judgment dated 15-12-1997, the conviction was set aside by the High Court and the petitioner was acquitted of charges u/s. 161 IPC and Sec. 5 (1) (d) and Sec. 5 (2) of the Prevention of Corruption Act. Vide order dated 2-6-1998 (Anx. 3), on account of setting aside his conviction and consequent acquittal by the High Court and in compliance with the Board's order dated 3-9-1995, the petitioner was reinstated in service w. e. f. 15-12-1997 i. e. the date of his acquittal. It was further mentioned in order dated 2-6-1998 (Anx. 3) that the period of suspension i. e. from 30-11-1979 to 28-12-1983 (wrongly typed as 28-12-1983, actually it should have been 28-12-1982 as per order of termination) and from 15-12-1997 till his date of joining duty in compliance to the said order shall be treated as period spent on duty for all purposes and full pay and allowances for this period shall be allowed to the petitioner. But in the said order there is no mention with regard to regularization of the period of termination i. e. from 28-12-1982 to 14-12-1997 for which the petitioner submitted representations from time to time as well as legal notice but no heed was paid by the respondents, therefore,the petitioner has filed the present writ petition.

(3.) BEFORE proceeding further, it would be useful to quote circular dated 3-9-1975 which reads as under: " RSEB/osd/c-985/d. 3810 Jaipur, Dt. 3-9-75 CIRCULAr Sub: Action to be taken in cases where Board's employees are convicted on a criminal charge by a competent court of law. The following procedure should be adopted in a case of conviction of a Board's employee by a Court of Law on a criminal charge:- (i ). . . . . (ii ). . . . . (iii) Ifan appeal/revision against the conviction succeeds and Board's employee is acquitted, the order of dismissal, removal or compulsory retirement based on his conviction which no longer stands, becomes liable to be set aside. A copy of the judgment of the appellate Court should be immediately procured and got examined with a view to decide whether despite the acquittal, the facts and circumstances of the case are such as to call for the departmental enquiry against the Board's employee on the basis of the allegation on which he was previously convicted. If it is decided that a departmental enquiry should be held, formal orders should be made: (1) setting aside the order or dismissal, removal or compulsory retirement, and (2) ordering such a departmental enquiry. Such an order should also state that under Regulation No. 9 of the RSEB (CC & A) Regulations 1962, the Board's employee is deemed to be under suspension with effect from the date of the dismissal/removal/compulsory retirement (A Standard Form-II is enclosed ). In case where neither of the aforesaid course is allowed, a formal order should be made setting aside the previous orders of dismissal, removal and compulsory retirement and reinstating him in service (A Standard Form No. III for such an order is enclosed ). The period between the date of dismissal etc. and the date on which he resumes duty should be dealt with under Regulation No. 41 of the Rajasthan State Electricity Board Employees Service Regulations and in doing so he should be deemed to be entitled to full pay and allowances for the period from the date of his acquittal to the date of his reinstatement, such period being counted for duty for all purposes and for the period from the date of dismissal to the date of acquittal, he should not be allowed pay and allowances less than what would have been admissible to him had be remained under suspension. While issuing orders for dismissal, it should be borne in mind that the order is issued by the authority competent to inflict major penalty against that person. Sd/- N. S. Bhandari Dy. Secretary (Enq.)"