GANGACHARAN SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER by this petition has claimed benefit of gratuity, provident fund and payment of. subsistence allowance which remains unpaid since 6.7.2000. From the records it is seen that petitioner was prosecuted for having committed offences under section 302 IPC read with Section 34 and 307 and after having put to trial, he was convicted on 6.7.2000. Because of his arrest by the police, he was kept under suspension and immediately after his conviction on 6.7.2000, payment of subsistence allowance was stopped. However, the appeal filed by the petitioner was dismissed by this Court and thereafter he was removed from service on 4.8.2004 vide Annexure R-1. Petitioner had claimed the benefit of salary upto the date of removal from service and other consequential benefits.

(2.) AS far as payment of gratuity and pensionary benefits are concerned, the same cannot be granted to the petitioner in view of his dismissal from service consequent upon his conviction and dismissal of appeal by this Court. However, as far as payment of subsistence allowance is concerned, from the rules it is seen that a Government servant who is arrested and against whom a criminal case is registered is deemed to have been suspended under Rule 9 (2)(b) and the suspension continues with effect from the date of his conviction upto his dismissal or removal from service. Rule 9 (2) (b) of the M.P. Civil Services (Classification, Control and Appeal) Rules contemplates that with effect from the date of conviction or with effect from passing of 48 hours from the date of detention, an employee is deemed to be under suspension which continues till he is dismissed, removed or compulsorily retired consequent to such conviction. In the present case, consequent to his conviction petitioner has been removed from service only on 4.8.2004 and, therefore, till the said date petitioner is deemed to be under suspension and, therefore, entitled to subsistence allowance till the said date.

(3.) AS far as payment of provident fund is concerned, the amount deducted and deposited as per rules shall be paid to the petitioner within the aforesaid period.