The suspension period cannot be treated as duty unless explicitly ordered, especially when the individual has not been fully exonerated from disciplinary charges.

JUDGMENT :

(Judgment of the Court was made by G.ARUL MURUGAN, J.)

This intra-court appeal is preferred against the order dated 02.01.2023 in W.P.No.17089 of 2014, wherein the appellants were directed to treat the suspension period of the respondent from 24.05.1995 to 31.05.2000 and from 25.10.2005 to 26.08.2010 as “duty period” for all purposes and extend the consequential benefits.

The short facts to be noted in the appeal are as follows:-

2. The respondent was initially appointed as Grade-II Constable on 25.10.1984. While he was serving in R-4 Pondy Bazaar Traffic Police Station, Chennai, he availed medical leave from 20.04.1995 due to sickness. While on medical leave, without obtaining prior permission from the competent authority, he had left the headquarters and went to Kanyakumari and on 24.05.1995, he along with four persons by hiring a car, had intercepted a Government bus that was plying to Thiruvananthapuram within the Eranial Police Station limits and had forcibly abducted one of the passengers, Mr.Srinath of Kannanore District, Kerala State.

3. The victim was beaten and robbed of a sum of Rs.60,300/-, but however, the villagers had caught hold of the respondent and his associates along with the cash. On the complaint of the victim, a case in Crime No.206 of 1995 under Section 395 IPC was registered on the file of the Eranial Police Station against the respondent and four others and they were all arrested and remanded to judicial custody.

4. The respondent was placed under suspension with effect from 24.05.1995 for having been involved in a criminal act and for the misconduct. The disciplinary proceedings were initiated by framing charges under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, for the following delinquencies:-

“(i) Gross neglect of duty in leaving the Headquarters to other district on 20.04.1995 on own accord without getting any prior permission or Sanction, and

(ii) Reprehensible conduct in intercepting a Tamil Nadu Bus plying towards Trivandrum on 24.05.1995 at 10.15 hours at Sungankadai, Ayankulathangarai along with 3 others and robed away Rs.60,300/- from one Srinath travelling in that bus.”

5. Pursuant to the orders passed by the Tamil Nadu Administrative Tribunal, the respondent was reinstated into service on 31.05.2000. The respondent had submitted his reply and not satisfied with the reply, the enquiry officer was appointed. Based on the enquiry report, the disciplinary authority concurred with the findings and by order dated 25.10.2005, had imposed a punishment of dismissal from service. The appeal preferred to the appellate authority also came to be rejected on 16.12.2005.

6. The orders of punishment as confirmed by the appellate authority was challenged in W.P.No.314 of 2006 and by order dated 20.04.2009, the order imposing punishment was set aside but was remitted to the disciplinary authority only on the ground that since the criminal case registered against the respondent had ended in acquittal. On remand, by order dated 11.06.2009, the disciplinary authority had reimposed the punishment of dismissal from service. The appeal preferred also came to be rejected on 13.07.2009. In the second writ petition filed in W.P.No.14937 of 2009 again challenging the punishment imposed, by order dated 24.03.2010, the orders were set aside and the appellate authority was directed to rehear the appeal after affording reasonable opportunity.

7. On the second remand, the appellate authority, by order dated 20.08.2010, had partially allowed the appeal and had modified the punishment of removal from service to that of “reduction in pay by 3 stages for 3 years with cumulative effect”. Pursuant to which, the respondent had joined duty on 27.08.2010.

8. Based on the modified punishment, a show cause notice dated 01.11.2013 was issued calling for the explanation of the respondent as to why the period of suspension from 24.05.1995 to 31.05.2000 and the period from 25.10.2005 to 26.