IN THE HIGH COURT OF GAUHATI, ITANAGAR BENCH
Ajit Borthakur, J.
Gangte Charchang - Appellant
Vs.
State of Arunachal Pradesh - Respondent
WP (C) No. 828 (AP) of 2017
Decided On : 29-06-2018
Arms Act - Section 25(1)(a),27 - Constitution of India, 1950 - Article 226 - Indian Penal Code, 1860 - Sections 395,397,109,120B,121 and 123 - Central Civil Services Classification, Control and Appeal Rules, 1965 - Rule 10 - Explosive Substances Act - Sections 4 and 5 – Anticipatory bail - Arrear amount of salary - Suspension from service - Petition under Article of Constitution of India petitioner has prayed for quashing and setting aside impugned order issued by respondent Commissioner Printing & Stationary Govt. of Arunachal Pradesh and to direct respondents to release full arrear amount of salary allowances and all other financial benefits due to petitioner during period of his suspension from service and petitioner who was working as Bindery Attendant at Govt. Printing Press under suspension for his detention in custody for more than forty eight hours in connection with P.S. Case in terms of Sub-rule of Rule of Central Civil Services Rules and after release on bail petitioner submitted petition to authority to revoke his suspension order and allow him to join in his duty but Director IPR & P Arunachal Pradesh vide his reply intimated him that suspension order can be taken up only after disposal of criminal case which is pending in Sessions Court and clearance received from Police authority - Held, where authority competent to order reinstatement is of opinion that suspension was wholly unjustified Government servant shall subject to provisions of sub-rule be paid full pay and allowances to which he would have been entitled had he not been suspended and Sub-rule of F.R. Referred in said provision, provides that payment of allowances under applicable sub-rule 3 is subject to all other conditions under which such allowances are admissible and where acquittal in criminal proceedings is on account of non-availability of evidence authorities concerned are vested with power to decide whether employee at all deserves any salary for intervening period and if he does, extent to which he deserves it and this Court is of considered opinion that impugned order where under petitioners right to salary for period of suspension is made subject to final decision of Court of law in respect of criminal case pending in Court of Sessions Judge vide P.S. Case under Sections IPC read with Section of Arms Act and Sections of Explosive Substances Act does not require any interference respondents would cause necessary steps to be taken to expedite completion of trial of criminal case no costs – This Writ petition is dismissed
Ajit Borthakur, J.
By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the impugned order No. DoP-71/2016, dated 13.01.2017, issued by the respondent No. 2/the Commissioner (Printing & Stationary), Govt. of Arunachal Pradesh and to direct the respondents to release the full arrear amount of salary, allowances and all other financial benefits due to the petitioner, during the period of his suspension from service, w.e.f. 10.11.2015 to 13.01.2017.
2. The Director, Information, Public Relations & Printing (IPR & P), Govt. of Arunachal Pradesh, by order No. IPR (Ptg)7/2009, dated 22.08.2005, placed the petitioner, who was working as Bindery Attendant at Govt. Printing Press, under suspension for his detention in custody w.e.f. 10.08.2005, for more than 48 (forty eight) hours, in connection with Itanagar P.S. Case No. 193/2005, in terms of Sub-rule (2) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'CCS Rules'). After release on bail, the petitioner submitted petition to the authority to revoke his suspension order and allow him to join in his duty, but the Director, IPR & P, Arunachal Pradesh vide his reply, dated 21.10.2008, intimated him that the suspension order can be taken up only after disposal of the criminal case, which is pending in the Sessions Court and clearance received from the Police authority. Being aggrieved, the petitioner issued a Legal Notice, dated 19.04.2016, to the respondent No. 2/the Commissioner (Printing & Publication), Govt. of Arunachal Pradesh and the respondent No. 3/the Director, Department of Printing & Publication, Govt. of Arunachal Pradesh praying for the reliefs afore stated, which was not responded. Aggrieved, the petitioner moved a Writ petition, being WP (C) No. 660 (AP) 2016, challenging the legality of his suspension for an indefinite period. After receipt of notice in the said writ proceeding, the respondent No. 2 issued order No. DoP-71/2016, dated 13.01.2017, whereby the petitioner's suspension order was revoked and accordingly, reinstated in service. The aforesaid order was immediately followed by another order No. DoP-71/2016, dated 13.01.2017, intimating him that the salary for the suspension period will be decided as per the final decision of the Court in the criminal case, being Itanagar P.S. Case No. 193/2005 under Sections 395/397/109/120B/121/123 IPC read with Section 25(a)(1)/27 of the Arms Act and Section 4/5 of the Explosive Substances Act.
3. The petitioner has contended that even after expiry of 90 days, on 10.11.2005, the respondent authorities had kept the petitioner under suspension and deprived him of salary and other financial benefits indefinitely till date, in contravention of the CCS Rules, 1965.
4. Mr. T.T. Tara, learned counsel for the petitioner, submits that the respondent authority had neither drawn up any disciplinary proceedings, although placed under suspension w.e.f. 10.08.2005 till revoked by order, dated 13.01.2017, in connection with a criminal case, where his brother was, in fact, allegedly involved and trial of the case is going on, that is, for unjustified reason nor reviewed the suspension order, within the prescribed 90 days period. The petitioner being a government servant is entitled to full pay and allowances for the said period of suspension. Mr. Tara further submits that the respondent authority did not even give the petitioner the reasonable opportunity of hearing. Therefore, Mr. Tara also submits that placing the petitioner under suspension for an indefinite period, without giving reasonable opportunity of hearing and without drawing up disciplinary j proceeding against him. as well as depriving him of salary and other financial benefits for the aforesaid period, making further, the same subject to the outcome in the criminal case, is wholly illegal. Mr. Tara, learned counsel for the petitioner, has relied
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