- (1.) The present petition is filed by the original petitioner-Deo Kumar Ram, seeking writ of mandamus commanding the respondents to release payment of full salary and other admissible allowances including revision of pay for the period the petitioner has remained under suspension with effect from 14th July, 1995 to 19th April. 2004. The brief facts of the present case, inter alia, are that the petitioner was working as an employee of Ranchi Municipal Corporation, Ranchi and was working as Kup Sodhak (Sweeper); Sushila Devi wife of the petitioner Deo Kumar Ram (newly substituted petitioner) has filed a criminal complaint against the original petitioner under Sections 324, 326 and 307 of the Indian Penal Code. Consequently, the petitioner was arrested and remained in judicial custody with effect from 11th January. 1995 to 17th January, 1995; on 13th July, 1995 Ranchi Municipal Corporation has issued the impugned order, placing the petitioner under suspension and informing him for initiation of disciplinary proceeding against him and asking him to show cause. The petitioner was acquitted from the charges by the 5th Additional Judicial Commissioner, Fast Track Court, Ranchi vide Judgment dated 21st January, 2004. Accordingly, Ranchi Municipal Corporation has revoked the suspension order vide order dated 16th April, 2004 and the petitioner was allowed to join his duty. The petitioner has joined his duty on 20th April, 2004. By way of representation dated 4th April, 2011, the petitioner has asked the authorities to release his full salary and allowances during the period he remained under suspension from the period i.e. 14th July, 1995 to 19th April, 2004. However, the same was denied by the Ranchi Municipal Corporation, therefore, the present writ petition.
(2.) I have heard Mr. Baban Lal, learned senior counsel appearing on behalf of the petitioner and Mr. Rajesh Lala, learned counsel for the Ranchi Municipal Corporation-respondents and carefully perused the records.
(3.) Mr. Rajesh Lala, learned counsel appearing on behalf of the Ranchi Municipal Corporation-respondents has vehemently argued that since the petitioner was acquitted from the criminal case giving him benefit of doubts, therefore, the petitioner is not entitled for full salary and other allowances during the period he remained under suspension. Learned counsel has placed reliance on a Division Bench judgment of the Patna High Court in the case of Sheo Prasad v. The State of Bihar and others,1972 PLJR 602. In reply, Mr. Baban Lal, learned senior counsel has argued that in the present case, the petitioner was placed under suspension contemplating departmental enquiry and no enquiry was ever held and the petitioner was never found guilty in the disciplinary enquiry, therefore, the judgment in the case of Sheo Prasad is not applicable in the present case. Learned senior counsel has placed reliance on the Judgment of this Court in the case of Pratap Narayan Singh v. State of Jharkhand and others, 2001 2 JLJR 444. Prasenjit Ghosh v. The State of Jharkhand and others., 2004 LabIC 3353 and on the judgments of Apex Court in the case of Brahma Chandra Gupta v. Union of India, 1984 AIR(SC) 380;