- (1.) The petitioner has approached this court seeking quashing of the order dated 5.7.2011 (Annexure P-5), whereby he has been denied salary for the period of suspension and dismissal before his reinstatement in service.
(2.) Briefly, the pleaded facts are that the petitioner was appointed as Clerk in the respondent-bank on 20.10.1983. On the basis of a complaint made to the police by one Palu Ram against Mehar Chand Chhabra, Manager of the bank for seeking illegal gratification for release of loan, FIR was registered on 21.8.1998. The accused were arrested. After investigation, challan was presented. The petitioner as well as the other accused were convicted by the trial court on 6.3.2002. The petitioner was initially placed under suspension on 14.9.1998, however, later on, reinstated in service on 23.6.2001 during the pendency of the trial. He was dismissed from service on 11.3.2002 after his conviction by the trial court on 6.3.2002.
(3.) As the reason for suspension and dismissal of the petitioner was merely for his involvement in the case and conviction by the court, immediately after acceptance of his appeal by this court, resulting in setting aside of his conviction, the petitioner filed application before the authorities seeking his reinstatement in service. The same was accepted and the petitioner was reinstated back in service vide order dated 22.4.2011. As a consequence therefore, the petitioner joined back service on 24.4.2001. He requested for release of his salary for the period of suspension and dismissal on the ground that he was not at fault, which was declined by the bank vide communication dated 5.7.2011 (Annexure P-5), which is impugned in the present petition.;