An employee suspended without proper procedure is entitled to full salary for the suspension period upon reinstatement, as per employment law principles.

JUDGMENT :

Y.G. Khobragade, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. By the present petition under Article 226 of the Constitution of India, the petitioner put forth prayer clauses (B), (C) and (D) as under:

“(B) The Respondents may kindly be directed to pay the outstanding salary of the petitioner since September, 2019 till the date of order;

(C) The Respondents may kindly be directed to pay interest @ 12% p.a. for causing unnecessary harassment to the petitioner and his family;

(D) The Respondents may kindly be directed to pay the salary of the petitioner regularly hereafter as the order of suspension has been withdrawn.”

3. It is the contention of the petitioner that since June 1997, he was working as Lab Attendant with respondent no. 2, however, vide order dated 16.09.2019, he was suspended by respondent no. 2 w.e.f. 5^th September, 2019 on the basis of letter dated 10.09.2019 issued by the Deputy Superintendent of Police, Anti-Corruption Bureau, Ahmednagar due to registration of Crime No. 870 of 2019 against him under the Prevention of Corruption Act and he was apprehended. The petitioner, had approached this Court by filing writ petition no. 5661 of 2020 and challenged his suspension order. On 27.10.2021, this Court passed an order observing that, respondent no. 2 had withdrawn the suspension order vide communication dated 26.10.2021 and the petitioner had submitted his joining report. It is further contended that, though his suspension order was revoked and he was permitted to join duty w.e.f. 26.10.2021, he has not been paid legal dues w.e.f. 05.09.2019 till the date of revocation of order of suspension. Therefore, he prays for issuance of writ of mandamus directing the respondents to pay legal dues/salary with interest @ 12% p.a.

4. Mr. Vd. Venket Purushottam Dharmadhikar, the Assistant Director of Ayush, Pune has filed affidavit in reply on behalf of Respondent no. 3 and strongly resisted the claim of the petitioner. According to Respondent no. 3, the petitioner was suspended w.e.f. 05.09.2019 by respondent no. 2 Management of the aided Ayurved College under order dated 16.09.2019 in pursuance of letter dated 10.09.2019 issued by the Deputy Superintendent of Police, Anti-Corruption Bureau due to registration crime. Subsequently, Respondent no. 2 withdrew suspension and permitted the petitioner to join duty w.e.f. 26.10.2021. Since, respondent no. 2 never obtained permission from respondent no. 3 as per Circular dated 03.06.1998 prior to suspension of the petitioner and respondent no. 3 is not concerned with performance of duty by the petitioner, who is the employee of respondent no. 2, it is the responsibility of the respondent no. 2 to pay legal dues of the Petitioner. Further, the petitioner is being paid regular salary w.e.f. 26.10.2021, hence, prayed for dismissal of the petition.

5. Respondent no. 2 filed an affidavit in reply and contended that vide communication dated 13.09.2019 it was informed to the respondent no. 3 about letter dated 10.09.2019 issued by the Deputy Superintendent of Police, ACB and guidance was sought regarding suspension of the petitioner there was no response. However, office of the DSP, Ahmednagar insisted for suspension of the petitioner, therefore, vide letter dated 16.09.2019 the petitioner was suspended w.e.f. 05.09.2019 and subsequently sought guidance from respondent No.3 regarding revocation of suspension and requested for payment of subsistence allowance. Since there was no communication from respondent no.3, the order of suspension came to be revoked w.e.f. 26.10.2021. Thereafter, the petitioner submitted a representation on 05.12.2019 and requested for release of salary for the suspension period. The representation of the petitioner was forwarded to Respondent no. 3 for guidance and release of legal dues but no communication was received. On 28.05.2020, respondent no. 3 issued a communication to the Director of Ayush seeking guidance