Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) PETITIONER who is a constable was accused in a FIR and was later charge sheeted. Accordingly, he was suspended pending criminal trial on 12.12.2002. However, criminal trial could not be concluded expeditiously hence by order dated 24.05.2004 the suspension was revoked with the condition that it would not affect the departmental proceedings pending against him. After revocation of suspension petitioner was also acquitted in the criminal case. Annexure 5 is a copy of a report dated 04.11.2008 by Circle Officer, Najibabad, Bijnor to S.P. Bijnor in pursuance of letter dated 27.09.2008 regarding preliminary inquiry in respect of suspension of petitioner. Inquiry officer reported that after acquittal of petitioner in criminal case under Section 302 read with 120 -B, I.P.C., no evidence remained against him hence it was not possible to hold the charge to be proved. It was also recommended that for the suspension period full salary must be paid to the petitioner. However, S.P. did not agree with the report dated 04.11.2008 and noted thereupon on 02.01.2009 that he did not agree. Thereafter impugned order dated 21.02.2009 was passed holding that petitioner was not entitled to any salary allowance etc. for the suspension period from 12.12.2002 to 24.05.2004 apart from the amount which had already been paid to him as suspension allowance. The last sentence of the said order is that suspension period will not be counted for the purposes of pension and promotion.
(3.) IT appears that no inquiry is now pending against the petitioner and S.P. has agreed with Circle Officer Najibabad that there was no occasion to continue the inquiry against the petitioner and he should be exonerated. In such a situation there is absolutely no question of directing that the suspension period will not be counted for the purposes of pension and promotion.;