HEIRS OF JATINDRA KUMAR BATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) During the pendency of this writ petition, the deceased petitioner died. After his death his legal heirs, namely, his wife and children have been substituted.

(2.) By this writ petition under Article 226 of the Constitution of India, the deceased petitioner prayed for a writ/direction asking the respondents to pay him the full salary and allowances for the period when he was under suspension and also for paying him salary and allowances according to the scale of Tripura Civi! Service Grade-II officer with effect from 21.10.72 to 24.11.80 and according to the scale of TCS Grade-1 officers since 25.11.80.

(3.) The case of the deceased petitioner, in short, is that when he was serving as Sub- Treasury 'Officer at Dharmanagar, North Tripura, a Criminal case was instituted against him underlSection 409 IPC. During pendency of the said Criminal case, the deceased petitioner was placed under suspension with effect from 13.3.61. However, on 15.8.66 the said order of suspension was revoked though criminal case was pending even at that time. During the period of suspension the deceased petitioner was given only his subsistence allowance. Subsequently by judgment dated 31.5.1977, the Criminal Court acquitted the deceased petitioner from the charge under Section 409 IPC.