M.Y.EQBAL, J. - (1.) IN this writ application the petitioner seeks a direction upon the respondents to revoke the order of suspension with effect from 16.7.1996 and to pay him full salary for the said period.
(2.) THE petitioner was working on the post of typist in the office of the Administrator, Research Cell, Adityapur, Jamshedpur. In 1996 a criminal case was instituted against him under Sections 498 -A and 306, Indian Penal Code and petitioner was arrested in this case on 16.7.1996. Pursuant to that arrest he was under suspension vide order dated 23.11.1996. However, the petitioner was released on bail, by this Court by order dated 8.7.1997 in Criminal Misc. No. 2514 of 1997. The petitioner then joined his service on 14.5.1997. It is contended by the petitioner that he has been acquitted in the aforesaid criminal case by judgment dated 25.8.1999 by the Court of Additional Sessions Judge, Saraikella. After acquittal his suspension order was revoked by the Administrator, Subarnarekha Project w.e.f. 25.8.1999 by office order dated 13.5.2000. The petitioner thereafter filed an application before the Administration requesting him to revoke the suspension order w.e.f. 16.7.1996, the date when he was arrested in the Criminal case instead of 25.8.1999 and grant him full salary for the said period. The petitioner also claimed full salary for the period from 15.7.1996 to 24.8.1999 as he received only subsistence allowances for the said period. Respondents ' case, on the other hand, is that the petitioner proceeded on earned leave from 16.6.1996 to 27.7.1996 during which period he was arrested on the charge of burning his wife. After completing earned leave, the petitioner could not submit his joining report in the ofiice, It is contended by the respondents that the petitioner did not inform them abut his arrest and moving the Court for grant of bail. So far payment of salary is concerned, the respondents ' case is that the petitioner did not work during the period of suspension and so he is not entitled to get salary for the said period.
(3.) MRS . Jaya Roy, learned counsel appearing on behalf of the petitioner submitted that in case of acquittal of an employee in the criminal ease, he is entitled to full salary for the entire period during which he remained under suspension because of the criminal case. Learned counsel relied upon the decisions reported in 2000 (3) BLJ 278, AIR 1984 SC 380 and 1990 (1) SCC 296.;