- (1.) In the instant writ application, the petitioner, retired member of the staff of the Calcutta State Transport Corporation (for short 'CSTC') has sought for certain reliefs. The reliefs, which are relevant, are set out hereunder:- "(a) Issue a writ and/or in the nature of mandamus, commanding the respondent authority, specially respondent No. 2 herein to pass appropriate order, thereby extending the financial and pecuniary benefits payable to the petitioner as per Annexure P-7 and correctly fix the pay scale of the petitioner after giving the effect of the provisions of the ROPA 1990 and ROPA 1998 and pay the petitioner's arrear salary, provident fund, gratuity including leave salary as on service forthwith ; (b) Issue a writ of and/or in the nature of mandamus, commanding upon the respondent authority, specially Respondent No. 2 to extend all pecuniary service benefits to the petitioner including the differences in salary for the suspension period and earn leave of the petitioner treating the petitioner's suspension period as on service and to release the same forthwith."
(2.) The fact in short is that the petitioner, an Ex-LDC of the Thakurpukur Depot of the CSTC was arrested by police in a criminal case and was suspended from service. The criminal case was disposed of on 23.6.94 acquitting the petitioner of all charges and was allowed to join his duties with effect from 25.8.94.
(3.) After reinstatement, CSTC started a disciplinary proceedings against the petitioner for suppression of fact of his arrest by the police in the year 1988 which was concluded by awarding the petitioner a punishment of censure and treating the period of suspension as suspension. The petitioner therefrom, preferred an appeal before the Chairman of CSTC. The Chairman reduced the censure to warning and adjusted the period of suspension towards any leave which might have been due to him at that relevant point of time Regarding adjustment of suspension period towards leave due, a part of the suspension period was adjusted against the leave of 46 days which was due to the petitioner and the rest period of suspension was treated as 'dies non'.;