PIARA LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) While the petitioner was working as a Pharmacist and was posted at the Primary Health Centre, Panchant, District Kurukshetra, he was involved in a criminal case on the registration of a first information report bearing No.48 at Police Station Sadar, Phagwara, on 29.5.1997. Consequent upon the registration of the aforesaid first information report, the petitioner was placed under suspension on 29.5.1997. He was thereafter reinstated on 21.7.1998. The criminal prosecution initiated against the petitioner has now culminated with the order passed by the Special Judge, Kapurthala, on 31.1.2005, wherein the petitioner has been acquitted. Through the instant writ petition, the petitioner claims full pay and allowances during the period he remained under suspension i.e. from 29.5.1997 to 21.7.1998. This claim raised by the petitioner has been declined by an order dated 9.6.2005 (Annexure P2).

(2.) In so far as the claim of the petitioner for wages for the period he remained under suspension on account of pendency of criminal proceedings against him is concerned, the proposition of law stands adjudicated upon by the Apex Court in Ranchhodji Chaturje Thakore V. Superintendent Engineer, Gujarat Electricity Board, Himmatnagar (Gujarat) and another, AIR 1997 SC 1802, wherein the Supreme Court observed as under:-

(3.) A perusal of the determination of the Apex Court extracted above reveals that the department is liable to pay an employee wages for the period he remains out of service only in case the proceedings, which led to his removal/dismissal from service, have been initiated by the department itself.