R A CHOWDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appliant who was working as Assistant (G), C.F.R.I. under C.S.R.I. was, as claimed, involved in a private complaint alleging some theft and was taken into custody by Police on 10.2.1995. It is not disputed that he was released on bail on 17.5.1995 under orders of a Court. THE matter thereafter having come to the notice of the authorities, an order was issued dated 27.3.1995 at Annxure-A/1 under Sub-rule (2) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as "the 1965 Rules"), was ordered to be deemed to have been suspended with effect from 10.2.1995, further directing that he would remain under suspension until further orders.

(2.) While so remaining under suspension even after his release on bail, the applicant superannuated from service with effect from 31.1.1998, while he was being paid only suspension allowance as per rules. After retirement, he was paid provisional pension vide order dated 8.7.1998. The applicant sent a representation dated 5.7.1999 for implementation of the recommendation of the 5th Central Pay Commission so far his pay, etc., were concerned. However, he was replied to that until his exoneration in the criminal case, the aforesaid implementation of the pay revision would not be done. His other representations went unheeded to.

(3.) VICE Annexure-A/5 the respondents passed an order dated 11.7.2003, by which his deemed suspension order dated 27,3.1995 was revoked under Clause (c) of Sub-rule (5) to Rule 10 of the 1965 Rules but with effect from 31.1.1998. In Exercise of the powers conferred under Rule 54B(1) of the Fundamental Rules, the Competent Authority also directed that the applicant would not be paid pay and allowance for the period under suspension except what he had been paid as subsistence allowance and that the period of suspension would be treated as spent on duty for the purposes of the pensionary benefits.