- (1.) The petitioner, K.K. Jaggia, joined the service as Sub Divisional Officer in Irrigation Branch of the Public Works Department of the State of Punjab on 18th January, 1949 in the scale of Rs. 250-25-450/25-750 per mensem with usual allowance. In April, 1955, he was selected for promotion as officiating Executive Engineer, but this promotion was held in abeyance because in the meantime some complaints had been made against him. Subsequently, a formal First Information Report was recorded against the petitioner and he was placed under arrest on 11th April, 1956. He was also placed under suspension. In the meantime a number of vacancies occurred in the posts of Executive Engineers with the result that the Government sent the names of eligible Temporary Engineers to the Punjab Service Commission for assessment of their suitability for promotion. Some of the Temporary Engineers were found suitable while in the case of petitioner the Government was advised that the result of the enquiry pending against him may be communicated in due course and till then a vacancy be kept reserved for him. Even though the First Information Report had been recorded, this did not result in criminal proceedings being instituted against the petitioner. A departmental enquiry was, however, held as a result of which he was dismissed on 6th October, 1961. The order of dismissal was quashed by this Court in Civil Writ No. 279 of 1962 and this decision led to the reinstatement of the petitioner on 20th September, 1963. But he was again suspended on the same date to stand a fresh enquiry. It was also ordered that during the period of suspension, the petitioner would be allowed subsistence allowance admissible to him under rule 7.2 of the Punjab Civil Service Rules, Volume I, Part I. After his reinstatement on 20th September, 1963, the petitioner claimed arrears of salary for the period between the date of his suspension till the date of his reinstatement. This claim of the petitioner led to the following order of the Punjab Government contained in a note of the Director-cum-Under Secretary, Vigilance Department, to Secretary to Government Punjab, Irrigation Department, a copy of which was sent to the petitioner :- (a) for the period of the officer's suspension prior to his dismissal, he was to be paid only subsistence allowance permissible under the rules applicable to such officers. (b) for the period between the officer's dismissal and his subsequent reinstatement, he should be allowed full pay and allowances, and, (c) before making the payment, it should be verified from the officer what amount, if any, he had earned during the period he remained dismissed, and that amount should be deducted from the pay and allowances due to him.
(2.) Dissatisfied by the above decision of the Government the petitioner challenged this in a writ petition (C.W. 1946 of 1964) praying that writ of mandamus be issued to the State of Punjab directing it to pay him full salary and allowances for the entire period between the date of suspension till the date of his reinstatement. This writ petition was heard by a Division Bench of this Court consisting of Shamsher Bahadur and Gurdev Singh, JJ. and was allowed on 28th September, 1965. A direction was issued to the respondent to pay him full salary and allowances, admissible to the petitioner for the entire period between the date of his first suspension and the date of reinstatement. On 30th July, 1965, the petitioner filed another writ petition challenging the notification of the Punjab Government dated 27th September, 1963, whereby he had been allowed subsistence allowance admissible to him under rule 7.2 of the Punjab Civil Services Rules , Volume I, Part I. This writ petition was dismissed by a full Bench of this Court on 14th February, 1966 (reported in 1968 AIR(page) 67 .
(3.) After the success of the petitioner in C.W. No. 1646 of 1964, the Government of Punjab vide letter No. 10448-Irr-Estt. 1(1)-66/19328 dated -- October, 1966, ordered that the period from the date of the suspension to the date of the reinstatement be treated as spent on duty for all purposes and this led to the payment of arrears of salary and allowances to the petitioner by Accountant General Punjab from time to time, through different authority slips. The order of suspension of the petitioner which was passed on 27th September, 1963, was revoked by the Government on 15th January, 1966 and the petitioner was reinstated. This reinstatement was ordered "without prejudice to the final decision which may be taken as a result of departmental proceedings pending against him.";