Suspension is not a punishment, and the payment of a fine in a criminal case does not automatically entitle a suspended employee to reinstatement; such decisions are subject to administrative discretion and applicable service rules.

Order on Board

1. The present writ petition is being filed seeking following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to quash the suspension order dated 09.11.1998 (Annexure P-4) and also to issue direction to the respondents authorities to consider pending representation to reinstate the petitioner in his service within stipulated time, in the interest of justice.

10.2 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

2. The facts of the case, in brief, are that the petitioner was initially appointed on the post of Ward Boy in the year 1986 and since the date of his appointment he continuously discharged his duties sincerely, diligently and to the satisfaction of the department without any complaint or adverse remark; that in administrative exigency he was transferred from District Hospital, Bilaspur to Community Health Centre, Katghora vide order dated 06.01.1992, where also he performed his duties honestly and regularly; that thereafter, vide transfer order dated 28.06.1995, the petitioner was again transferred to the office of the Chief Medical and Health Officer, Raipur, and he joined on 11.07.1995 against a vacant post at Government Aushdhalaya, Baloda Bazar, and continued to work there sincerely without any complaint; that on the basis of false allegations, the petitioner was taken into police custody for the period from 23.10.1998 to 30.10.1998, consequent to which he was placed under suspension by order dated 09.11.1998, during which period he remained entitled to the benefit of dearness allowance; that thereafter, the learned Special Judge, Raipur, vide order dated 06.07.1999, imposed a fine of Rs. 500/- upon the petitioner with a default sentence of rigorous imprisonment for ten days; that the petitioner, aggrieved by the said order, preferred Criminal Appeal No. 2120/1999 before this Court, which came to be decided vide judgment dated 02.09.2015. In compliance with the order dated 06.07.1999, the petitioner has already deposited the fine amount of Rs. 500/-, receipt whereof is on record; and that thereafter the petitioner repeatedly submitted representations before the respondent authorities seeking reinstatement in service, but despite lapse of considerable time, no action has been taken on his representations, compelling the petitioner to invoke the writ jurisdiction of this Court seeking a direction to the respondent authorities to reinstate him in service.

3. Learned counsel for the petitioner submits that the action of the respondent authorities in continuing the petitioner out of service is wholly unconstitutional, arbitrary, discriminatory and unsustainable in the eye of law, inasmuch as the petitioner had throughout discharged his duties honestly and sincerely and was placed under suspension only on the basis of false and baseless allegations. It is further submitted that in compliance with the order dated 06.07.1999 passed by the learned Special Judge, Raipur, the petitioner has already deposited the fine amount of Rs. 500/-, yet the respondent authorities have failed to reinstate him in service till date without assigning any lawful reason.

Learned counsel for the petitioner contends that the petitioner is a low-paid employee, belonging to a poor family, having a wife and minor children who are wholly dependent upon his salary, and due to his prolonged suspension and non-reinstatement, the petitioner and his family