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2024 Supreme(P&H) 1461

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMAN CHAUDHARY
Mehar Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Appellant :Mr. Surinder Singh, Advocate,
For the Respondent: Mr. Harish Rathee, Sr. DAG, Haryana

Table of Content
1. facts leading to suspension and acquittal. (Para 1 , 2)
2. judicial principles guiding salary entitlement post-acquittal. (Para 3 , 4 , 5 , 6 , 7)
3. final ruling on salary entitlement and compliance requirements. (Para 8)

JUDGMENT :

Aman Chaudhary, J.

1. As it emerges, the petitioner, who was working as Inspector, Co-operative Societies, Bilaspur, was suspended on account of registration of an FIR against him and other members of Co-operative Societies on a complaint filed by Assistant Registrar, Co-operative Societies, Ambala, followed by other FIRs lodged by private members of the Navyug Co-operative Society, wherein he was acquitted.

2. Notably, the period of suspension w.e.f. 26.10.2008 till 29.06.2010 was accordingly, treated to be on duty, vide order dated 30.07.2019, albeit without any monetary benefits, except subsistence allowance, which was later increased from 50% to 75%.

3. To proceed further in the matter, it would be apposite to make a reference to Rules 7.3 and 7.5 Punjab Civil Services Rules, Vol. I, Part I, as applicable to the State of Haryana, in regard to the award of full salary during the period of suspension, relevant portion whereof reads thus:

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