M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) PETITIONER has prayed for quashing the order dated 10.2.1994 issued by the order of the Vice -Chancellor, whereby the petitioner was reinstated in the service with the condition that he will not be paid arrears of salary during the period of suspension. The order/ notification dated 10.2.1994 read as under: - - 'Notification. - -After careful consideration of the full facts and the Inquiry Report, the Vice -Chancellor has been pleased to order for reinstatement of Dr. K.P.S. Choudhary with immediate effect on the following conditions: (i) that no arrears of salary during the period of suspension shall be paid to him, (ii) That the period of suspension shall, however, be counted as service for increment and pension. Dr. K.P.S. Choudhary is posted to Katras College, Katrasgarh as Principal. By order of the Vice -Chancellor, S.I/ - K.N. Gope. (Registrar). It appears that in 1991 while the petitioner was posted as Principal in the Katras College, Katrasgarh, he was put under suspension vide order dated 20.7.1991. The said suspension order was followed by issuance of memo of charges dated 25.1.92 which was served on the petitioner alleging certain misconduct. Petitioner submitted his explanation. Petitioner's case is that after long inquiry he was not found guilty of any of the charges and was fully exonerated from all the charges. Consequent thereupon vide notification dated 10.2.1994, petitioner was re -instated in service with the condition of non -payment of arrears of salary referred herein above. Petitioner submitted his joining on 11.2.94 with objection with regard to the condition imposed against him. After few months, petitioner retired on 31.3.1995 after retirement petitioner claimed his retrial dues including arrears of salary for the period during which he was under suspension. In -spite of repeated request, reminders and representations when the petitioner was not paid his retrial dues as also arrears of salary, he filed two writ applications, one being CWJC No. 2630/2000(R) in which he prayed for appropriate direction for payment of retrial dues. In the second writ application which is in hand, petitioner claimed payment of arrears of salary and also for quashing the order of suspension.
(3.) MR . S.B. Gadodia, learned senior counsel appearing for the petitioner mainly contended that petitioner was fully exonerated from the charges and was reinstated in service then the respondents could not have imposed condition with -holding payment of arrears of salary for the period of suspension. Learned counsel further submitted that the condition imposed in the order of reinstatement with -holding salary amounts to punishment for which neither any show -cause was given nor copy of the inquiry report was served on the petitioner. Learned counsel also referred relevant provisions of the statute of the University and submitted that in the statute also with -holding of salary by way of punishment is not permissible when the delinquent is exonerated from the charges.;