- (1.) Petitioner has filed writ application in the year 2002, after 11 years, questioning the order dated 3.6.1991 by which he was ordered to be reinstated and it was also ordered that he shall continue under suspension since he was facing criminal trial for commission of offences under Sections 279, 337, 338 and 304A IPC, in which he was convicted for the offences vide judgment dated 26.8.1995. However, he preferred appeal before the Additional Sessions Judge, Sriganganagar and vide judgment dated 16.6.1998 he was acquitted. The petitioner thereafter filed a writ application in the year 2002 questioning the legality of the orders dated 12.12.1987 and 3.6.1991. The Single Bench has dismissed the writ application, aggrieved whereby, this intra court appeal has been preferred.
(2.) Shri Babu Lal Gupta, learned counsel appearing on behalf of the appellant, has submitted that order of removal was not approved by the Industrial Tribunal, as such petitioner continued to be in service. Prior to that he was placed under suspension. After passing of the order of non approval by the Industrial Tribunal, the petitioner was reinstated but was treated under suspension. The order dated 3.6.1991 was thus illegal. Once he was reinstated, he could not have been treated again on suspension particularly when he had been ultimately acquitted in the criminal case in appeal in the year 1998. Thus prayer was made to quash the order dated 3.6.1991. Prayer was also made to quash the initial order of suspension dated 12.12.1987, and to treat the petitioner continuously in service and to make payment of arrears for the period of suspension.
(3.) Counsel for the appellant has further submitted that order dated 3.6.1991 was illegal in view of the fact that order of removal from service was not approved by the Industrial Tribunal and, therefore, keeping him under suspension was not warranted. The petitioner was entitled for salary from the date of suspension i.e. 12.12.1987 till he was reinstated after acquittal in the criminal case.;