P.NAVEEN RAO,J. - (1.) Petitioner was appointed as Gangman on 31.07.1976. He was placed under suspension, by order dated 25.10.2004 w.e.f. 07.09.2014, on which date, crime was registered against the petitioner. Petitioner was shown as Accused no.1 in S.C.No.764 of 2005 on the file of III Additional Sessions Judge, Karimnagar. The trial Court convicted and sentenced him by judgment dated 18.10.2006. On appeal, this Court by judgment dated 28.02.2012 allowed the appeal setting aside the conviction and sentence awarded by the trial Court. After acquittal, suspension was revoked and petitioner was reinstated to service on 31.05.2012. On revocation of suspension, petitioner claimed for treatment of the period of suspension as on duty. The request for payment of back wages was rejected by the Government vide Memo dated 03.01.2013. Challenging the same, petitioner invoked the jurisdiction of Andhra Pradesh Administrative Tribunal by filing O.A.No.1151 of 2013, since transferred to this court.
(2.) Heard learned counsel for petitioner and learned Government Pleader for Services II.
(3.) Learned counsel for petitioner contended that consequent to the acquittal granted by the appellate Court, the suspension of the petitioner becomes untenable and, therefore, petitioner is entitled for treatment of the entire period of his suspension as on duty and for payment of full pay and allowances due and payable to him. In support of his contention, he placed reliance on the provision in FR-54A; earlier decision of A.P.Administrative Tribunal in O.A.No.543 of 2011; decision of Full Bench of this Court in the District Manager, Andhra Pradesh State Road Transport Corporation, Bhimavaram v. Labour court, Guntur and another , and the decision of Supreme Court in Brahma Chandra Gupta v. Union of India .;