- (1.) The petitioner has filed the present writ petition seeking a writ of certiorari to quash the order dated 14/18.10.2010 (Annexure P-4) by which his suspension period has been treated as leave of kind due and further quash the order dated 14.2.2013 (Annexure P- 6) and order dated 3/22.4.2015 (Annexure P-8) by which the representations filed by the petitioner to consider the suspension period as duty period has been rejected.
(2.) The petitioner was appointed as Dental Surgeon on 10.8.1996. He was suspended vide order dated 30.8.06 (Annexure P-1) w.e.f 8.9.2004. He was suspended due to pendency of a criminal case registered against the petitioner under Sections 406/498-A IPC. The petitioner moved an application under Section 482 of Criminal Procedure Code for quashing the FIR No.516 dated 21.11.2003. The said application was disposed of with a direction to the parties to appear to before the trial Court vide order dated 30.7.2010 (Annexure P-2). Vide order dated 3.8.2010 (Annexure P- 3) passed by Judicial Magistrate First Class, Chandigarh, the petitioner was acquitted of the charges framed against him. After acquittal, he was reinstated in service and his suspension period was ordered to be treated as leave of the kind due vide order dated 18.10.2010 (Annexure P-4). The petitioner filed representation against this order but the representation of the petitioner was rejected vide order dated 14.2.2013 (Annexure P-6). The petitioner again filed representation (Annexure P-7) to re-consider the matter by granting personal hearing. The said representation of the petitioner was also rejected vide order dated 22.4.2015 (Annexure P- 8).
(3.) Learned counsel for the parties have been heard at length. It would be appropriate to examine in the first instance the Scheme of Rules governing the issue in question. Relevant extract of Rule 7.5 of the Punjab Civil Service Rules, Volume I, as applicable to the State of Haryana reads as under: SUSPENSION DURING PENDENCY OF CRIMINAL PROCEEDINGS, OR PROCEEDINGS FOR ARREST FOR DEBT, OR DURING DETENTION UNDER A LAW PROVIDING FOR PREVENTIVE DETENTION 7.5. An employee of Government against whom proceeding have been taken either for his arrest or debt or on a criminal charge or who is detained under any law providing for preventive detention should be considered as under suspension for any periods during which he is detained in custody or is undergoing imprisonment, and not allowed to draw any pay and allowances (other than any subsistence allowance that may be granted in accordance with the principles laid down in Rule 7.2) for such periods until the final termination of the proceedings taken against him or until he is released from detention and allowed to rejoin duty, as the case may be. An adjustment of his allowances for such periods should thereafter be made according to the circumstances of the case, the full amount being given only in the event of the officer being acquitted of blame or (if the proceedings taken against him were for his arrest for debt), of it being proved that the officer's liability arose from circumstances beyond his control or the detention being held by the competent authority to be unjustified.";