N.L.Ganguly, J. - (1.) The petitioner was initially appointed in 1972 as Credit Supervisor in the District Cooperative Bank Kanpur. After serving for several years, he was put under suspension on 1-8-86. No departmental proceedings were taken and by an interim order dated 15-1-87, the petitioner was reinstated as an interim measure. Since 15th January, 1987, the petitioner is working after his reinstatement. The petitioner submits that no further order or departmental proceedings or any action has been taken by the respondents. Since he is working after interim order of reinstatement dated 15-1-86, he has not been paid the increment and salary w.e.f. May 1989 and other service benefits, to which he is legally entitled.
(2.) After hearing the Counsel for the petitioner, I consider that it is not a fit case at the moment for any interference or order by this Court under Art, 226. However, from the facts and circumstances, I consider that observations to the effect be made that the respondents may take suitable steps or pass such necessary orders in the matter of petitioner about his suspension and disciplinary proceedings within a period of three months from today. No person shall be kept under suspension for an indefinite period. The sword of democles should not be permitted to hang on head of the workman without any just cause for the inaction on the part of the superior authority. It would be necessary that the respondents, if consider that some action be taken, they are at liberty to take spch action within a reasonable time, which the court expects that they will finalise within a period of three months from today. It is also not just to prevent a present officer to stop the service benefit to a person for no fault. I am informed that the petitioner's salary from the month of May, 1990 has not been paid.
(3.) That be so, the respondents may take necessary steps and ensure that the petitioner is paid regular salary legally due to him and shall continue to pay salary to law every month, unless the petitioner service is terminated according to law.;