Kuldip Singh, J. -
(2.)Leave granted in all the special leave petitions.
(3.)The common question for consideration in these appeals is whether an employee of the Andhra Pradesh State Road Transport Corporation (Corporation), who was kept under suspension pending investigation, inquiry or trial in a criminal prosecution, is entitled to salary for the period of suspension after the criminal proceedings are terminated in his favour The High Court has answered the question in the affirmative and in favour of the respondents. These appeals by the Corporation are against the judgment of the High Court.
It is not necessary to go into the facts in each of these appeals as Mr. Altaf Ahmed, Learned Additional Solicitor General, appearing for the Corporation has very fairly stated that irrespective of the final result in these appeals, the Corporation shall comply with the impugned judgments of the High Court and pay the salary etc. to the appellants for the suspension period as directed by the High Court. We propose to deal with the legal question based on the interpretation of the relevant regulations of the Andhra Pradesh State Road Transport Corporation Employees (Classification, Control and Appeal) Regulations, 1967 (the Regulations).
Regulation 18 of the Regulations gives power to the appointing authority to place an employee of the Corporation under suspension. Regulation 19 provides for the extension of the period of suspension. Under Regulation 20 an employee is entitled to the payment of subsistence allowance during the period of suspension and Regulation 21 provides for the pay, allowances and treatment of service on reinstatement of the employee. Regulations 18, 20 and 21 to the extent they are relevant are reproduced hereunder:-
(1) The appointing authority or any authority to which it is subordinate or any other authority authorised by the Corporation in that behalf by a Resolution may, subject to such conditions and limitations, if any, as may be specified, place an employee under suspension from Service:
(a ) Pending investigation or esquire into grave charges, where such suspension is necessary in the public interest;
(b) where any criminal offence is under investigation or trial;
Provided that where the order of suspension is made by an authority lower than the appointing authority, such authority, shall forthwith report to the appointing authority the circumstance, in which the order of suspension was made.........................
19. The extension of the period of suspension:..............
20. Subsistence allowance during suspension:
(1) An employee under suspension be entitled during the 1st year thereof to a subsistence allowance not exceeding half of his salary on the date, preceding the date of his suspension.
(i) Provided that where the period of suspension exceeds six months, it shall be within the competence of the suspending authority to reduce the amount of subsistence allowance for any period, subsequent to the period of the first six months, by an amount not exceeding fifty per cent of the subsistence allowance so admissible, if, in the opinion of such authority, the prolongation of the suspension has been due to reasons directly attributable to the employee.
(ii) Provided further that the competent authority has discretion to retain the subsistence allowance at the same rate as allowed during the first six months period, if, in the opinion of the competent, authority, the prolongation of suspension has been due to reasons not directly attributable to the employee.
(iii) Provided further that where the period of suspension exceeds one year, it shall e within the competence of the competent authority to enhance such proportion of subsistence allowance for any subsequent period, beyond the period of 1st one year, by an amount not exceeding 75% of salary so admissible, if, in the opinion of the competent authority or the Managing Director the prolongation of the suspension has been due to reasons not directly attributable to the employee.
N. B.:- Salary for this purpose is the rate of salary payable to him immediately prior to the date of suspension and includes all other allowances payable such as Dearness Allowance, City (Compensatory) Allowance and House Rent Allowance.
21. Pay, allowances and treatment of service on reinstatement:
(1) When an employee who has been dismissed, removed or suspended is reinstated, the authority competent to order the reinstatement shall consider and make a specific order as to -
(a) the pay and allowances which shall be paid to the employee for the period of his absence from duty; and
(b) whether or not the said period shall be treated as a period spent on duty.
(2) (a) Where such competent authority holds that the employee has been fully exonerated or, in the case of suspension, that it was unjustifiable, the employee shall be granted the full pay and allowances to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be.
(b) In all other cases, the employee shall be granted such proportion of such pay and allowances as such competent authority may direct:
Provided that the payment of allowances under this clause shall be subject to all other conditions subject to which such allowances are admissible.
(c) In a case falling under sub-clause (a), the period of absence from duty shall for all purposes be treated as a period spent on duty.
(d) In a case falling under sub-clause (b), the period of absence from duty shall not be treated as a period spent on duty unless such competent authority specifically directs that it shall be so treated for any specific purpose. It will be open to the competent authority to convert the period into one of leave due.
(3) Nothing contained in clauses (1) and (2) above shall apply in relation to the case of an employee falling under clause (3) of regulation 20. If, on the termination of the criminal proceedings or his release from custody or the restoration of his licence, as the case may be, he is not either removed or dismissed from service, the period of absence may be treated -
(a) if he is absolved of blame as leave due to him; and
(b) if otherwise, in accordance with the provisions of sub-clause (d) of clause (2)."
The original Regulations as framed in the year 1967 were amended with effect from September 12, 1977. The Regulations 18, 20 and 21 reproduced above are the amended Regulations.