D.N.PATEL, J. - (1.) LEARNED Counsel for the petitioner submitted that the present petition has been preferred mainly for getting arrears of salary of the petitioner for be period running from 13th May, 1999 to 19th April, 2002.
(2.) LEARNED Counsel for the petitioner submitted that for no justifiable reasons, the present petitioner was suspended w.e.f. 13th May, 1999, thereafter, the suspension of the petitioner was revoked by the respondents' on 19th April, 2002. The said order is annexed at Annexure 2. Thus, the petitioner is entitled for annexed of salary for the suspension period, because the suspension was ultimately revoked vide order at Annexure 2 to the memo of the petition. Moreover, even departmental inquiry was also dropped vide order dated 26th March, 2004 (Annexure 4). Thus, there is nothing against the present petitioner Mo departmental inquiry was ever conducted, never misconduct has been proved and no punishment has been inflicted against the petitioner, even the suspension order has been revoked and, therefore, the petitioner is entitled for the arrears of salary during the suspension period as stated hereinabove and for no justifiable reasons, the respondents have withhold the sizeable amount of salary which, the petitioner is entitled for the period of suspension and. therefore, let a writ of mandamus be issued Satya Narain Singh,Durjan Yadav upon the concerned respondent authorities so that the arrears of salary of the suspension period i. e. from 13th May, 1999 to 10th April, 2002 with interest may be paid to the petitioner. I have heard learned Counsel for the respondents, who has vehemently submitted that the present petitioner, who was suspended, tendered his unconditional apology and, therefore, vide order dated 26th March, 2004 (Annexure 4), the departmental proceeding against the present petitioner, was dropped. In these circumstances, the petitioner is not entitled for any arrears of salary for the suspension period i.e. from 13th May, 1999 to 19th April, 2002.
(3.) HAVING heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that: (i) The petitioner was working as Class -IV employee with respondent No. 1 and for no justifiable reasons, as stated by learned Counsel for the petitioner, he was suspended w.e.f. 13th May, 1999 to 19th April, 2002. (ii) It appears from the facts of the case that vide order dated 19th April, 2002 (Annexure 2 to the memo of the petition); the sir -pension of the petitioner was revoked by the respondents thus, the petitioners suspension was revoked and, therefore, he is entitled for the arrears of salary during the suspension period. (iii) It also appears from the facts of the case that vide older dated 26th March, 2004 (Annexure 4); the departmental inquiry was also dropped. (iv) Thus, it appears that under my departmental inquiry was conducted nor the petitioner was ever punished in the departmental inquiry proceeding. Suspension of the petitioner was revoked as stated hereinabove vide order at Annexure 2. Thus, nothing is against the present petitioner and, therefore, he is entitled for arrears of salary during the suspension period. (v) Petitioner has never waived right to get salary for aforesaid period. No letter has been written by petitioner to the respondents that he is foregoing his salary from 13th May, 1999 to 19th April, 2002. Respondents have also not passed any order confiscating salary of petitioner for aforesaid, period. ;