CASE NO.: Appeal (civil) 552 of 2008 PETITIONER: CONSTABLE SAHIB SINGH RESPONDENT: STATE OF PUNJAB & ORS. DATE OF JUDGMENT: 21/01/2008 BENCH: P.P. Naolekar & Lokeshwar Singh Panta JUDGMENT:
JUDGMENT
O R D E R
[ARISING OUT OF SLP(CIVIL) NO.21018 OF 2006]
Leave granted.
Brief facts of the case are that the appellant was charged and tried under Sections
376/354 IPC. He was suspended with effect from 28.6.1997 and was provided with
subsistence allowance of 50% of his pay and later on at the increased rate of 75%
with effect from 28.12.1997. The appellant was acquitted by the judgment dated
3.11.2000. After the acquittal of the appellant, an order was passed by the
Commandant, 9th Battalion, PAP, Amritsar dated 24.5.2001 whereunder the
appellant was reinstated from the date of his acquittal i.e. with effect from 3.11.2000.
The only contention urged before us by the learned counsel for the appellant is
that the appellant having been acquitted by the competent Court, his period of
service cannot be treated to be discontinued from the date of suspension i.e.
28.6.1997 till the date of his acquittal i.e. 3.11.2000. Learned counsel for the
appellant is right in his submission. The appellant cannot be treated to be a
‘dismissed servant’ during the period of his suspension. His services shall remain to
be continued in the Department till the final order of dismissal is passed by any
competent authority. There is nothing on record to indicate that he was dismissed
from service on account of the criminal proceedings taken up against him by the
State. On he being acquitted, he shall be treated as continued in service all through
and, therefore, the Commandant, 9th Battalion, PAP, Amritsar, was not correct in
reinstating the appellant only from 3.11.2000. That being the case, the appeal is
allowed with the aforesaid modification in the order of the High Court.