MUNDRIKA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner seeks direction upon the respondents for full salary for the period of suspension from 4.10.1999 to 21.12.2001 and also salary for the period from 1.1.2002 to 2.11.2003 during which period he remained out of service on account of his termination at the hands of the respondent-employer.

(2.) The petitioner was posted as a constable in Jharkhand Armed Police, Hazaribagh. An FIR was registered against unknown persons on 19.8.1998 being Hazaribagh Sadar P.S. Case No. 350 of 1998 under Section 354 of the Indian Penal Code in which he has been consequently charge-sheeted under Sections 376 and 511 of the Indian Penal Code, The petitioner was placed under suspension on 4.10.1999 and on conclusion of the departmental proceeding, he was terminated on 25.12.2001 in view of the involvement in the said criminal case. The petitioner had been placed under suspension under contemplation of departmental proceeding on 4.10.1999. Eventually, he was however, acquitted of the charges vide judgment dated 25.4.2003, Annexure-3, passed by the Additional Sessions Judge, Fast Track Court No.-VI, Hazaribagh. On his request for reinstatement upon acquittal, the order of termination was revoked by the Deputy Inspector General of Police (Headquarters), Ranchi vide Annexure-3 dated 25.9.2003. He made a representation for payment of the full salary of this period of suspension as also for the full back wages for the period he remained out of service which has been rejected vide order dated 2.4.2004 Annexure-6 on the principle of "No Work No Pay" for the period he remained out of service and the said period was adjusted as extraordinary leave in the service career of the petitioner.

(3.) The petitioner is aggrieved as he has not been granted full salary and back wages for the aforesaid period though his termination was revoked and he has submitted his joining after order passed by the Commandant, Jharkhand Armed Police-7, Hazaribagh on 13.10.2003, Annexure-4.