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2021 Supreme(Chh) 225

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
Santosh Kumar Bhaskar S/o. Santu Ram Bhaskar – Appellant
Versus
State of Chhattisgarh, through the Secretary, Department of Panchayat & Rural Development – Respondent


Advocates Appeared:
For the Appellant :Shri Ravi Maheshwari, Advocate.
For the Respondents:Shri Chandresh Shrivastava, Deputy Advocate General.

JUDGMENT :

P.R. Ramachandra Menon, J.

1. Whether the Appellant/employee who was placed under suspension for having detained in judicial custody (in accordance with the rules) is entitled to get full salary and allowances for the period he was kept out of service as a matter of right, on his reinstatement pursuant to the acquittal in the criminal case, is the point to be considered. The answer given in the 'Negative' by the learned Single Judge confining the relief only to payment of subsistence allowance, continuity of service and such other benefits including the notional fixation, (denying the actual monetary benefits during the intervening period as ordered by the Department) is put to challenge in this appeal.

2. The sequence of events shows that the Appellant who got appointed to the post of Shiksha Karmi Grami, Grade II on 27.01.2007 was posted in the Middle School, Kacholapara, Janpad Panchayat, Pratapur, District Surguja. After completion of probation, he was confirmed/regularized. While so, he was arrested on 15.04.2013 in connection with Crime No. 4 of 2013 of the Mahila Thana, Ambikapur, District Surguja for the offences punishable under Section 498-A, 294, 323 and 506-II o

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