MANAGING DIRECTOR FOOD CORPORATION OF INDIA Vs. B CHANGTHUAMA

JUDGEMENT

(1.) The brief facts of the case are that respondent Shri B. Changthuama who was working as Deputy Manager (Legal), Food Corporation of India, Aizawl was placed under suspension by Zonal Manager (East), Calcutta vide order dated 18.8.1987. Dehors of any further details it may be observed here that vide order dated 30.12.1992 respondent herein was reinstated in service by revoking the suspension order. The said order reads as under :-

(2.) Learned counsel for the appellant argued that the suspension was revoked and the writ petitioner now respondent was reinstated subject to the departmental proceedings/Court proceedings against him. Criminal case is still pending against the writ petitioner (now respondent) in the Court. The writ petitioner had been involved in a criminal case along with some other persons for which reason he had been placed under suspension. However pursuant to the order passed in earlier case filed by the petitioner he was reinstated. As per the regulations applicable to the FCI employees the question arises that on reinstatement to what pay during the suspension period the employee is entitled and how that period is to be treated? This is to be decided by the competent authority as and when the cause of suspension comes to an end. In the present case cause of suspension of the petitioner has not come to an end, inasmuch as the criminal case is still pending. Learned counsel for the appellants however submitted that it cannot be disputed that the authorities have to decide, in-accordance with the regulations as to whether during the period of suspension the enhancement in the subsistence allowance is to be allowed or not for which speaking order has to be passed.

(3.) After hearing the counsel for the parties we are of the view that there cannot be any exception to the argument of the counsel for the appellant that it is only after the enquiry etc. or the criminal case comes to an end, on account of which the writ petitioner was placed under suspension the question of payment of the salary etc. to the writ petitioner during the period of suspension or how that period is to be treated can be decided.