JAIRANI DEVI @ JARANI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has filed the present petition seeking quashing of impugned order dated 10.05.2012 (P-2) passed by respondent No. 2 to the extent of treating the suspension period of the petitioner as leave of kind due and further quashing the impugned order dated 11.11.2012 (P-4) vide which the appeal filed by the petitioner, has been dismissed.

(2.) Brief facts of the case are that the petitioner was posted as Gram Sachiv in the office of BDPO, Sohna and on 21.04.2005, F.I.R No. 13 under Sections 7/13/49/88 of the Prevention of Corruption Act was registered against him. Subsequently, he was placed under suspension during the period 21.04.2005 to 06.05.2005, which was conveyed to him vide endst dated 26.05.2005 and after release from the custody, he was again placed under suspension from the service w.e.f 28.07.2005 to 17.04.2008.

(3.) However, petitioner was acquitted by the Court of learned Special Judge, Gurgaon vide impugned judgment dated 05.03.2008 and subsequently, petitioner was reinstated in service vide order dated 12.04.2008, which was conveyed to him vide Endst dated 17.04.2008. However, petitioner was served a charge sheet on 10.05.2012 under Rule 7 of Haryana Civil Service (Punishment and Appeal) Rules, 1987 (for short 'Rules 1987') for the aforesaid offences again, after the retirement of the petitioner on attaining the age of superannuation on 13.01.2012. The charge sheet was subsequently dropped on 12.05.2012 but the suspension period of the petitioner i.e 21.04.2005 to 06.05.2005 and 28.07.2005 to 17.04.2008, was ordered to be treated as leave of kind due, without giving any notice or opportunity of hearing to the petitioner. Petitioner preferred an appeal against this order, which was also dismissed on 11.11.2012 (P-4)