S.B.WAD
MOHAN LAL – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THE petitioner has challenged the order of the Superintendent of Police, Delhi, holding that his period of suspension was not a period spent on duty. This order was passed on 28-10-1970 under the purported exercise of the power under F. R. 54 (3 ). The petition is also directed against the orders of the D. I. G. and the I. G. rejecting his representation against the order of Superintendent of Police. The petitioner claims that as he was acquitted in a criminal case, (which necessitated his suspension), and, therefore, the period of suspension should be treated as one spent on duty. He further claims that he is entitled to full pay and allowances and the other service benefits accruing to him during the said period and thereafter.
( 2 ) AT the relevant time the petitioner was working as a Constable in Delhi Police, Delhi. A criminal case was filed against him for his allegedly committing an offence under Section 294, Indian Penal Code. He was put under suspension with effect from 20-7-1965. Shri R. L. Sharma, Judicial Magistrate 1st Class, New Delhi, tried his case and acquitted him. No appeal was preferred against this decision. No departmental proceedings were also
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