Punjab-Haryana High Court
Chandigarh Administration vs K.B.Sharma And Others on 16 July, 2014
Author: Hemant Gupta
Bench: Hemant Gupta, Fateh Deep Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.15092 of 2011
Date of decision: 16.7.2014
Chandigarh Administration ....petitioners
vs.
K.B.Sharma and others ....respondents
CORAM: - HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE FATEH DEEP SINGH
Present: - Mr. Vishal Sodhi, Advocate for the petitioner.
Mr. Puneet Bali, Sr. Advocate with
Mr. Nitish K. Vasudev, Advocate for respondent No.1
Mr. Sanjiv Ghai, Advocate for respondent No. 2
.....
Hemant Gupta, J Challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') dated 15.4.2011, whereby the challenge to the orders Annexure A-1- fixing provisional pension; Annexure A-2- not regularizing the suspension period from 19.6.2003 to 7.3.2003 and Annexure A-3, whereby the period of suspension was ordered not to be treated as duty period remained successful.
The facts in brief are that a FIR No. 1 dated 3.2.1998 was lodged under Sections 406, 409, 420, 120-B of Indian Penal Preeti 2014.07.18 11:12 I attest to the accuracy and integrity of this document Chandigarh CWP No. 15092 of 2011 -2- Code read with Section 13 of the Prevention of Corruption Act, 1988 (for short 'the Act') against the applicant-respondent No. 1 The applicant also absented from duty from 8.6.1998 to 18.6.1998. The petitioner was charge sheeted on 17.7.1998 for remaining absent from duty which proceedings culminated into imposition of punishment of stopping of two increments with cumulative effect on 29.5.1999.
The petitioner was suspended on 19.6.1998 by substituting earlier order on 29.7.1998 for the reason that he has committed a serious misconduct. In such order, there is no reference to pendency of criminal case or departmental proceedings to be pending or to be initiated against the applicant. However, the criminal proceedings came to an end on 27.7.2013 when the applicant was acquitted from the allegations levelled against him in the FIR lodged. It is admitted by learned counsel for the petitioner that the judgment of the criminal Court acquitting the applicant has attained finality.
The applicant has been paid all the retiral benefits including pension, gratuity, leave encashment etc. during the pendency of the present writ petition. However, the dispute now survives is regarding grant of ACP scale and how the period of suspension from 19.6.1998 till the date of his reinstatement i.e. 7.3.2003, requires to be decided The applicant was never charge sheeted for any misconduct except for the misconduct & absence from duty, in which punishment was imposed in the year 1999. A perusal of the impugned orders show that the suspension period was not treated as a duty period primarily for the reason that the applicant was involved in FIR mentioned above. Once, the criminal case lodged in pursuance of the said FIR has resulted into acquittal of the applicant, the Petitioner is required to take a decision in respect of relief of CWP No. 15092 of 2011 -3- grant of ACP scale, revised pension and other retiral benefits. It is necessary consequence of the order of acquittal. An appropriate decision in this regard has to be taken by the Chandigarh Administration.
Consequently, we dispose of the present writ petition with the direction to the Chandigarh Administration to pass an order in respect of suspension period of the applicant and also the consequential benefits of grant of ACP scale and other retiral benefits. Needful be done within a period of three months from the date of receipt of this order.
The writ petition stand disposed of accordingly.
(HEMANT GUPTA)
JUDGE
16.7.2014 (FATEH DEEP SINGH)
preeti JUDGE