- (1.) The petitioner is a government servant. A first information report being Case Crime No.33 of 2009, under Sections 323, 308, 504 and 506 I.P.C. was lodged against him on the basis of which the petitioner was arrested and was sent to judicial custody on 24.04.2009. The petitioner was eventually enlarged on bail by an order dated 11.06.2009. The petitioner submitted his joining report on 16.06.2009 before the Chief Medical Officer, Sonbhadra and requested that he may be permitted to join his duty. The petitioner was made to run from pillar to post and, eventually by an order dated 08.01.2010, the Secretary, Medical and Health, Government of U.P. passed an order declaring the period spent from 24.04.2009 to 15.06.2009 in judicial custody as a deemed suspension. Based on the said order, the petitioner started working from 13.01.2010.
(2.) The petitioner thereafter made an application dated 07.06.2010 praying for release of his salary for the period from 16.06.2009 to 13.01.2010. No orders were passed by the respondents. In the meanwhile, the petitioner was acquitted by the trial court by an order dated 22.09.2010 in the aforesaid criminal case that was lodged against him. Based on this acquittal, the petitioner again made a fresh application praying for salary for the period 24.04.2009 to 12.01.2010. The said application was eventually rejected by an order dated 23.03.2012 holding that since the petitioner was under deemed suspension, he was not entitled for any salary. The petitioner, being aggrieved by the said order, has filed the present writ petition.
(3.) The stand of the respondents is the same as depicted in the impugned order, namely, that since the petitioner was under deemed suspension, no salary was payable even for the period after he was enlarged on bail till the actual date of joining.;