G.T.NANAVATI, K.RAMASWAMY
K. Ponnamma – Appellant
Versus
State Of Kerala – Respondent
ORDER
This special leave petition has been filed against the judgment of the Kerala High Court, made on November 7, 1996 in Writ Appeal No. 850/1996.
2. Admittedly, the petitioner and her husband were charged for an offence under Section 302 and also Section 201 I.P.C. etc. While the husband of the petitioner was convicted, she was acquitted of the offences under Sections 301 and also 201, getting her the benefit of doubt. Consequently, she was reinstated into service but back wages were denied, after conducting the enquiry under Kerala Service Rules. Rule 57 of the Rule provides that:
"An Officer who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours, or is undergoing imprisonment, shall be deemed to be under suspension with effect from the date of commencement of the detention or imprisonment, as the case may be, and shall not be allowed to draw any pay and allowances during such period of suspension other than any subsistence allowance and other allowances that may be granted in accordance with Rule 55, until he is reinstated in service."
Rule 56 of the Rules provides thus :
"(1) When an officer who has been dis
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.