The treatment of the suspension period and entitlement to salary and increment after acquittal of a government servant.

S.J. Mukhopadhaya, J.

This Writ Petition has been preferred by the petitioner against the order contained in Proceedings A.No.743/99, dated 10. 1999, D.No.12256/99, dated 210. 1999 and the Proceedings A.No.79/2003, dated 2. 2003, D.No.1578/2003, dated 2/2003, issued by the second respondent-Principal District Judge, Tirunelveli District, Tirunelveli.

By the impugned orders dated 10. 1999 and 210. 1999, the petitioners period of absence from duty and his suspension period, was ordered to be treated as under:

(i) His period of detention from 4. 1997 to 14. 1997 is treated as leave on loss of pay.

(ii) The period of suspension from 14. 1997 to 10. 1999 is treated to be as duty period only for the purposes of continuity of service for his seniority and pension alone and

(iii) It was also ordered that the period of suspension would not be treated as "duty" for claiming full pay and allowances, which he would have drawn and for leave and increment purposes.

2. The main grievance of the petitioner is that he having acquitted in the criminal case, was entitled for full payment of back-wages minus the subsistence allowance received for the period of suspension. The other grievance of the petitioner is that the aforesaid impugned order also amounts to stoppage of increment for the intervening period, though no departmental proceeding was initiated and the petitioner was acquitted in the criminal proceedings.

3. The brief facts of the case are that the petitioner, who was Junior Bailiff and posted at District Munsif-cum-Judicial Magistrates Court at Valliyur, against him, a complaint was lodged by one Mr.Suyambu of Valliyur before the Sub-Inspector of Police, Valliyur, in Crime No.127 of 1997, alleging that the petitioner had abused him with filthy words. The said case was registered under Sections 341, 294(b) and 506 (ii) IPC. The case was subsequently tried by the learned Judicial Magistrate No.4, Tirunelveli and on transfer, it was numbered as C.C.No.216 of 1998.

4. In the meantime, the petitioner was placed under suspension from 4. 1997, by the learned Principal District Munsif, Valliyur, vide Proceedings in R.No.383 of 1997, dated 14. 1997. He remained under suspension due to criminal case and subsequently having been acquitted in the criminal proceedings, vide judgment dated 212. 1998 in C.C.No.216 of 1998 by the learned Judicial Magistrate No.4, Tirunelveli, he was reinstated from suspension, vide order dated 10. 1999, pursuant to which he joined duty on 110. 1999.

5. Having been reinstated, the Principal District Judge, Tirunelveli considered the question as to how the period of suspension to be treated and what salary the petitioner will be entitled during the period he was under suspension. It was considered whether any delay in trial was caused because of laches on the part of the petitioner to determine the payment of period of suspension. On such consideration, the impugned order was passed on 10. 1999, which was affirmed by the appellate authority, vide impugned order dated 2. 2003.

6. It would be evident from the impugned orders that the petitioner has not been paid salary on one of the grounds that the delay of trial took place because of him. For the said reason, it is desirable to quote the impugned orders in their entirety to appreciate the findings of the authority, which reads as follows :

"(i) Order: A.No.743/99, dated 10. 1999, D.No.12256/99, dated 210. 1999:

The acquittal of the individual Thiru I.Sankarasubbu, Junior Bailiff, Valliyoor District Munsif Court in C.C.No.216/98-Judicial Magistrates Court No.IV, Tirunelveli (C.C.No.172/97 of Judicial Magistrates Court, Valliyoor) and his acquittal in C.C.No.88/97-Judicial Magistrates Court, Shencottah and his application to reinstate him have led to the passing of the Proceedings in the reference cited revoking the suspension order and reinstating him with effect from 99.

2. As the individual is reinstated, the question arises as to the regularisation o