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1966 Supreme(P&H) 172

J.N.KAUSHAL
Jagmohan Lal – Appellant
Versus
State Of Punjab Through Secy. To Punjab Govt. Irrigation – Respondent


Judgment

J.N.Kaushal, J.

1. The petitioner, Jagmohan Lal, was an overseer in the Irrigation Branch of the Punjab Public Works Department. He was placed under suspension on 19-3-1953 since he was arrested in a criminal case. He remained under suspension from 19-3-1953 till 20-4-1960. The allegation against the petitioner was that he had accepted illegal gratification from the various firms and contractors engaged in the excavation works on the Nangal Hydel Channel as a motive or reward for doing their official act. The case was tried by Shri Pritam Singh Jain, Special Judge, Ambala, who on 6-9-1957 acquitted the petitioner. The order of acquittal was maintained by the High Court, vide its judgment dated 20-1-1960.

After the order of the High Court, the petitioner was reinstated by the Government, but his period of suspension was not treated as the period spent on duty. A number of representations were made by him but to no effect. The claim of the petitioner for full pay and allowances for the period of suspension was turned down and, according to the allegations of the petitioner, it created an impediment in his future promotion also. The present writ petition under Articles 226/227
















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