High Court Punjab-Haryana High Court

State Of Punjab And Others vs Himmat Singh on 4 December, 2008

Punjab-Haryana High Court
State Of Punjab And Others vs Himmat Singh on 4 December, 2008
 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                                        RSA No.1721 of 2008
                                                   Date of Decision: 4.12.2008


State of Punjab and others                                 .... Appellants

                                 vs.

Himmat Singh                                               .... Respondent
Coram:        Hon'ble Mr. Justice Rajive Bhalla.

Present:      Mr. H.S. Gill, DAG, Punjab, for the appellants.

Mr. Ashish Grover, Advocate for the respondent.

Rajive Bhalla, J, (Oral)

CM No.5377-C of 2008

Prayer in this application is for condonation of delay in filing of

the appeal.

Heard counsel for the parties,

For the reasons stated in the application, namely the bona fide

delays in processing the file, the delay in filing of the appeal is condoned.

RSA No.1721 of 2008

The appellants challenge judgments and decrees dated

22.09.2007 and 16.02.2008, passed by Civil Judge (Senior Division),

Bathinda, and the District Judge, Bathinda decreeing the suit filed by the

respondent and dismissing the appeal filed by the appellants.

The respondent was suspended pending adjudication of a

criminal case registered pursuant to FIR No.22 dated 21st October, 2003,

under Sections 365/342/323 of the Indian Penal Code. It is the admitted

case of the parties that the respondent was acquitted and as a result was

reinstated and the period of suspension was treated as leave of the kind

due. The only dispute that survived and led to the filing of the suit was

refusal of the appellants to pay wages, over and above the suspension

allowance for the period of suspension. The suit filed by the respondent
RSA No.1721 of 2008 -2-

claiming full wages for the period of suspension was decreed and the

appeal filed by the State of Punjab was dismissed.

Counsel for the appellants contends that the respondent was

acquitted by grant of a benefit of doubt. The appellants were justified in

refusing to pay full wages for the suspension period, as during this period,

the respondent has not served the department.

Counsel for the respondent, on the other hand, submits that

there is no justification for the department to deny full wages as the

respondent has been acquitted. Even otherwise, the respondent did not

face trial for any departmental impropriety or offence and therefore, the

findings recorded by the courts below do not warrant interference.

I have heard counsel for the parties and perused the impugned

judgments. The courts below are concurrent in their opinion that the

appellants are not justified in declining full wages for the period of

suspension. As noticed hereinabove, the respondent was suspended as

he was arrayed as an accused in a criminal trial. After his acquittal, he was

reinstated and the period of his absence was treated as leave of the kind

due. Both the courts below have held that as suspension does not relate to

any departmental impropriety or infraction the appellants had no right to

deny payment of full wages for the period of suspension. I find no error in

the process of reasoning or the conclusions recorded by the courts below

as would raise a substantial question of law. The respondent’s acquittal,

his subsequent reinstatement and the order treating the period of absence

as leave of the kind due, would entitle him to receive full wages for the

period of suspension. Even otherwise, the controversy herein is squarely

covered against the appellants by a judgment of Division Bench titled as

“Shashi Kumar vs. Uttri Haryana Bijli Vitran Nagam and another” 2005

LIC 729.

RSA No.1721 of 2008 -3-

As no substantial question of law arises for consideration, the

appeal is dismissed with no order as to costs.

4.12.2008                                              (Rajive Bhalla)
sk                                                         Judge