AMRESH NARAYAN SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this writ application has challenged the part of the order dated 06.07.2015 as contained in memo no 865 by which it has been decided that, whether the petitioner is entitled to get full salary for the period which he was kept under suspension, will be decided after conclusion of the criminal case instituted against the petitioner. He further prays to consider his case for the grant of A.C.P. since he has already completed more than 10 years of service.

(2.) The petitioner is a Veterinary Officer. He was implicated in a criminal case being R.C. Case No. 5A/2005, for the allegedly committing an offence punishable under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code read with Section 13(2),13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) The petitioner, pursuant to the said criminal case, was put under suspension w.e.f. 14.3.2012. The suspension order was ultimately revoked vide order dated 06.7.2015, vide a notification which is Annexure-3 to this writ application. While revoking the suspension, it was decided that the petitioner is entitled to get subsistence allowance at the rate of 50% from 14.03.2012 to 28.05.2013 and from 29.05.2013 till 05.07.2015, at the rate of 75%. It was further held that the entitlement of the salary of the petitioner for this period under suspension will be decided by the authority after a decision is rendered in the criminal trial. It has further been mentioned in the said notification that from 06.07.2015 the petitioner is entitled to get full salary.