An employee unjustly suspended without departmental proceedings is entitled to full salary during the period of suspension, especially after acquittal in criminal charges.

JUDGMENT :

DEEPAK ROSHAN, J.

The instant writ application has been preferred by the petitioner for issuance of an appropriate writ(s), order(s), direction(s) to quash the order dated 19.09.2024 (Annexure-7) passed by learned Deputy General Manager (HRM)/Appellate Authority (Respondent No.2) and modified the order dated 16.08.2022 (Annexure-5) passed by Asst. General Manager/Dy. Zonal Manager & Disciplinary Authority (Respondent No. 4) to the extent that (a) Suspension may be treated unjustifiable, (b) the acquittal granted by learned Additional Session Judge-V-cum-Special Judge, CBI, Dhanbad may be treated acquittal for all purpose/honorable, (c) the period of treated as one on duty for all purpose and entitlement for payment of pay including the increment which is due in the month of January every year along with interest and allowances for the period of suspension and (d) place the petitioner in his original seniority and grant due promotion as the petitioner is entitled to get.

2. The brief facts of the case are that the petitioner has joined erstwhile employer-Allahabad Bank in January 2008 as a Manager (Law) at its Head Office Kolkata and thereafter he was transferred to Zonal Office, Ranchi in the year 2008 and till the date of suspension i.e. 21.10.2010, he was posted there. It is pleaded that the petitioner was put on deemed suspension vide Letter Ref. No. ZOR/Admn/Vig/CBI/1577 dated 26.10.2010.

The fact further reveals that the petitioner after release from judicial custody on 04.11.2010 submitted representation dated 19.11.2010 for revocation of deemed suspension which was duly received on 22.11.2010. Subsequently, the petitioner was acquitted by the learned Court of Additional Session Judge-V-Cum Spl. Judge, CBI, Dhanbad in R.C Case No. 12 (A)/2010-D vide Judgment dated 08.06.2022. The petitioner again requested vide letter dated 20.06.2022 for revocation of deemed suspension and the Asst. General Manager/Dy. Zonal Manager & Disciplinary Authority vide Letter Ref. No. ZOR/VIG/Susp/2022-23/50 dated 16.08.2022 had revoked the deemed suspension.

Being aggrieved with the conditions imposed for revocation of suspension passed by Asst. General Manager/Dy. Zonal Manager & Disciplinary Authority, the petitioner had preferred an appeal dated 07.09.2022 for modification of the order passed on 16.08.2022 for revocation of deemed suspension. On 19.09.2024, the Deputy General Manager (HRM)/Appellate Authority vide order dated 19.09.2024 has rejected the appeal.

3. The grievance of the petitioner is that though he was acquitted from the criminal charge but the respondent-Bank has passed an order that the suspension order issued against him at the time of his first custody shall continue till he has been given appointment after acquittal. It has been contended by learned counsel for the petitioner that since no departmental proceeding was ever initiated by the Bank, the petitioner is entitled for full salary during the period of suspension.

4. Per contra, learned counsel for the respondent Bank relies upon paragraph no. 8 of the counter affidavit which reads as under:

“8. That with regard to paragraph-13, it is stated that the order passed by the Disciplinary Authority is in accordance with law and does not call for any interference by this Hon'ble Court. Chapter 10 para 25 of the Bank's Vigilance Manual provides about the Treatment of service, pay and allowances for officer employees, on termination of suspension and sub- Para 25.2 states that "As per Regulation 15(1) of the ' Indian Bank Officer Employees' (Discipline and Appeal) Regulations ', where the competent authority holds that the officer employee has been fully exonerated or that the suspension was unjustifiable, the suspension period will be treated as one on duty and the officer employee concerned shall be granted the full pay for the period of his suspension. In such cases, allowances and increments of pay denied to him during the period of his suspension will also be payabl