As per case facts, Respondent No.1, an Inspector, faced suspension due to two criminal FIRs and departmental proceedings. He was discharged in the first FIR and acquitted in the second ...
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
112 CWP-24235-2025 (O&M)
Date of decision: 21.08.2025
Union Territory, Chandigarh and others
...Petitioners
Versus
Sushil Kumar Gupta and others
...Respondents
114 CWP-24251-2025 (O&M)
Union Territory, Chandigarh and others
...Petitioners
Versus
Sushil Kumar Gupta and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR.JUSTICE VIKAS SURI
Present: Ms. Sukhmani Patwalia, Advocate for the petitioners.
*****
VIKAS SURI, J.
1. The above captioned writ petitions, between the same parties,
titled as Union Territory, Chandigarh and others vs. Sushil Kumar Gupta
and others, have been taken up together for hearing and are being
disposed of by a common judgment as the same issue is involved in both
the cases.
2. The present petitions are directed against the orders dated
13.12.2024 passed in two Original Applications by the learned Central
Administrative Tribunal, Chandigarh Bench, whereby the claim of
respondent No.1 for treating his suspension period as “on duty” along
CWP-24235 and 24251-2025 -2-
with all consequential benefits as per rules, has been accepted.
CWP-24235-2025 pertains to the suspension period from 07.10.2005 till
06.03.2006 and CWP-24251-2025 pertains to the suspension period from
30.10.2007 till 30.08.2010.
3. Briefly, respondent No.1 while working as Inspector, Food
and Supplies Department, was implicated in criminal case bearing FIR
No.325 dated 05.10.2005 under Section 420 IPC, registered at Police
Station Manimajra. The said FIR was registered on the complaint of Sh.
S.K. Setia, Land Acquisition Officer, UT Chandigarh. Respondent No.1
was placed under suspension vide order dated 07.10.2005. The suspension
was revoked vide order dated 01.03.2006. In the said criminal
proceedings, no challan was presented against respondent No.1, rather
cancellation reports were submitted twice, on 02.05.2006 and 28.04.2008.
However, on the complainant’s statement that he was not satisfied with
the investigation, proceedings were deferred for further investigation. No
protest petition had been filed in the said criminal case. Thereafter, the
complainant moved an application therein stating that the original record
could not be traced and expressed his inability to pursue the matter in the
absence of record. Accordingly, the cancellation report was accepted by
the Court concerned and respondent No.1 was discharged, vide order
dated 02.06.2014.
3.1 On 30.10.2007, Respondent No.1 was issued a charge-sheet
alleging pilferage of 48 bags of rice from FCI, during August 2007, under
Public Distribution System, for distribution to Below Poverty Line and
Antyodaya Anna Yojna ration card holders. Vide separate order dated
30.10.2007, respondent No.1 was placed under suspension.
CWP-24235 and 24251-2025 -3-
3.2 On similar set of allegations of dishonestly misappropriating
food grain bags, when respondent No.1 was still under suspension, he was
implicated in case FIR No.01 dated 01.01.2009, under Sections 409, 420,
467, 468 read with Section 13 (1)(c)(d) of the Prevention of Corruption
Act and Section 7 of the Essential Commodities Act, registered at Police
Station Vigilance, UT Chandigarh. Pending investigation in the aforesaid
FIR, the suspension of respondent No.1 was revoked vide order dated
30.08.2010 without prejudice to case FIR No.01 dated 01.01.2009.
3.3 In the meantime, respondent No.1 retired from service on
attaining the age of superannuation on 30.06.2012, i.e., during pendency
of the criminal trial in both the FIRs.
3.4 After a full trial, Respondent No.1 was acquitted in case FIR
No.01 dated 01.01.2009, vide order dated 01.05.2014. The criminal Court
concerned came to the conclusion that the prosecution had failed to
connect the accused/respondent No.1 with the commission of any of the
offences alleged. A categoric finding had been recorded that there was no
evidence on record to suggest that accused/respondent No.1 had
manipulated the record while preparing labour charges bills of labour
contractor or had misappropriated any funds. It was, thus, held that the
prosecution had not been able to bring home guilt of the accused, at least
beyond reasonable doubt and resultantly, respondent No.1 was acquitted
of the charges framed against him vide judgment dated 01.05.2014.
3.5 In the other criminal case registered earlier in point of time
against respondent No.1, i.e., case FIR No.325 dated 05.10.2005, he stood
discharged vide order dated 02.06.2014, as noticed above.
CWP-24235 and 24251-2025 -4-
3.6 Accordingly, representations were moved by respondent
No.1 for treating the period of suspension as “on duty”.
3.7 The department, under the provision of Rule 7.3 of the
Punjab Civil Services Rules, Vol. I, Part I (hereinafter referred to as the
“PCS Rules”), ordered that the period of suspension from 07.10.2005 to
06.03.2006 be treated as “leave of kind due”, vide order dated 06.11.2014.
3.8 Respondent No.1 represented to the department for
authorization for full pension, pensionary benefits and payment of arrears
on account thereof, as well as for necessary orders regarding the
suspension period for the last two spells, i.e. 07.10.2005 to 06.03.2006
and 30.10.2007 till 30.08.2010. The said representation was rejected by a
cryptic order dated 16.07.2015, which did not spell out grounds on which
the same had been rejected. Respondent No.1 had also filed
representations dated 01.12.2015 and 29.01.2016 against the order dated
06.11.2014 whereby the period of suspension for the first spell, i.e.
07.10.2005 to 06.03.2006 was ordered to be treated as “leave of kind
due”. However, no order was passed with regard to the second spell, i.e.
30.10.2007 till 30.08.2010.
3.9 Aggrieved by the aforesaid, respondent No.1 preferred an
appeal before the Secretary, Food and Supplies, Chandigarh
Administration, which was dismissed on merits as well as being time
barred vide order dated 10.03.2016.
3.10 Still being aggrieved, respondent No.1 challenged the action
of the department before the Central Administrative Tribunal, Chandigarh
Bench, Chandigarh (for short, ‘the Tribunal’) by way of OA-60/350/2016.
The said original application (OA) was dismissed as withdrawn with
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liberty to the applicant to file a fresh OA on the same cause of action,
after removing the defects and with better particulars, vide order dated
20.11.2017.
3.11 Thereafter, on 08.01.2018, two original applications bearing
OA No.60/36/2018 and OA No.60/38/2018, were filed by respondent
No.1 claiming full benefits of the suspension period including salary etc.
The claim raised in OA-60/36/2018 relates to the suspension period from
31.10.2007 till 30.08.2010, from which CWP-24251-2025 has arisen,
whereas OA-60/38/2018 relates to the suspension period from 07.10.2005
till 06.03.2006, from which CWP-24235-2025 has arisen. Both the OAs
were opposed by the petitioners by filing written statement thereto.
3.12 Considering the pleadings of the parties and the respective
submissions made, vide separate orders dated 13.12.2024, the learned
Tribunal allowed both the original applications and ordered that the
suspension period in question be treated as “on duty” and further ordered
that consequential benefits/dues of the applicant, as per rules, be also paid
within a period of six weeks.
4. Aggrieved by the aforesaid orders dated 13.12.2024, the writ
petitioners, i.e. Union Territory, Chandigarh Administration and its
officials, have preferred the present writ petitions, challenging the supra
orders passed by the learned Tribunal.
5. Ms. Sukhmani Patwalia, learned counsel for the petitioners
has emphatically contended that respondent No.1 was acquitted in case
FIR No.01 dated 01.01.2009 by granting benefit of doubt, hence, the
period of suspension from 30.10.2007 till 30.08.2010, was rightly
considered as leave of kind due. Therefore, the impugned order passed by
CWP-24235 and 24251-2025 -6-
the Tribunal to treat the said suspension period on duty, is illegal and thus,
liable to be set aside. It is further submitted that respondent No.1 was
placed under suspension vide order dated 30.10.2007 on having been
served charge-sheet alleging pilferage of 48 bags of rice from FCI, in
August 2007, which suspension though was revoked vide order dated
30.08.2010 but the same was made without prejudice to criminal case FIR
No.01 dated 01.01.2009, in which respondent No.1 has been acquitted
after granting him the benefit of doubt. It is contended that the suspension
order, passed on initiation of departmental proceedings, was subject to the
result of the criminal case. Reliance has been placed upon Iqbal Singh vs.
State of Punjab and others, 2023 LIC 2935; LPA No.1255 of 2023
decided on 17.09.2024, titled as Iqbal Singh vs. State of Punjab and
others, 2024:PHHC:124554-DB; Suraj Bhan vs. State of Haryana and
another, Law Finder Doc Id # 2228386, affirmed in LPA No.1201 of
2022, decided in 17.07.2023 titled as Suraj Bhan vs. State of Haryana
and others, 2023:PHHC:088933-DB; Baldev Singh vs. Union of India
and others, (2005) 8 SCC 747 and Dnyaneshwar Kashinath Shingane
vs. State of Maharashtra and others, 2023(176) FLR 979.
6. We have heard learned counsel for the petitioners at some
length and have perused the record with her able assistance.
7. The facts are not in dispute. It is conceded that during the
service of respondent No.1, before his retirement on attaining the age of
superannuation on 30.06.2012, he was implicated in the following
proceedings:-
i. FIR No.325 dated 05.10.2005 under Section 420 IPC
registered at Police Station, Manimajra.
CWP-24235 and 24251-2025 -7-
ii. Department proceedings wherein charge-sheet dated
30.10.2007 had been issued.
iii. FIR No.01 dated 01.01.2009, under Sections 409, 420,
467, 468 IPC, Section 13 (1)(c)(d) of the Prevention of
Corruption Act and Section 7 of the Essential
Commodities Act, registered at Police Station Vigilance,
UT Chandigarh.
8. Undisputedly, the first spell of suspension, i.e. from
07.10.2005 till 06.03.2006, was on account of registration of case FIR
No.325 dated 05.10.2005. The second spell of suspension period from
30.10.2007 till 30.08.2010, was owing to the department proceedings
against respondent No.1, wherein charge-sheet was issued to him on
30.10.2007. During the aforesaid latter suspension period, case FIR No.01
dated 01.01.2009 came to be registered, implicating respondent No.1. It is
during the pendency of criminal trial in the supra case FIR, the suspension
order dated 30.10.2007 was revoked without prejudice to the proceedings
in case FIR No.01 dated 01.01.2009, vide order dated 30.08.2010.
Respondent No.1 has been discharged in the first FIR and acquitted in the
subsequent FIR. No material has been placed on record to show that the
department proceedings were ever concluded. It is, however, urged that in
view of the order dated 30.08.2010 (supra), the said proceedings would be
dependent upon the outcome of case FIR No.1 dated 01.01.2009.
9. The question that arises for consideration is whether in the
peculiar facts and circumstances of the case, the period of suspension, in
both the spells, could be treated as “on duty” or not, under the Punjab
Civil Services Rules.
CWP-24235 and 24251-2025 -8-
10. To appreciate the arguments advanced by learned counsel for
the petitioners, it is necessary to examine both the aforesaid proceedings,
i.e. criminal and departmental, as well as to consider their outcome in
relation to the consequential action, in the light of the well settled
principles of service jurisprudence.
11. On a complaint made by Sh. S.K. Setia, the then Land
Acquisition Officer, UT Chandigarh, respondent No.1 was implicated in
case FIR No.325 dated 05.10.2005. Owing to registration of the aforesaid
criminal case, respondent No.1 was placed under suspension vide order
dated 07.10.2005, which was revoked vide order dated 01.03.2006. In the
said criminal case, the complainant failed to bring on record any
incriminating evidence against respondent No.1. Concededly, in the said
proceedings, twice cancellation reports had been submitted but the
complainant made a statement that he was not satisfied with the
investigation. However, no protest petition was filed by him.
Subsequently, an application was moved by the complainant stating that
record of the case could not be traced and as such, he expressed his
inability to pursue the case in the absence of record. Keeping in view the
aforesaid and that there was no incriminating material against the accused,
respondent No.1 was discharged by the criminal Court vide order dated
02.06.2014, which reads as under:
“On the last date of hearing the complainant had Sought
time to avail appropriate remedy against the
cancellation report filed by the prosecution Today an
application has been moved by the complainant Sh.
S.K. Setia, the then Land Acquisition Officer, U.T.
Chandigarh stating that the record of the case could not
CWP-24235 and 24251-2025 -9-
be traced out and accordingly it cannot be established
whether the accused was having knowledge of
announcement of award or not. As such he has shown
his in ability stating that he cannot pursue with the
present matter in absence of record. Heard. Admittedly
twice cancellation reports have been submitted in the
present matter dated 02.05.2006 and 28.04.2008 and on
both the occasions the complainant had got his
statement recorded to the effect that he was not satisfied
with the investigation, But till date no protest petition
has been tiled by the complainant. More so ever, today
he has shown his debility to pursue with the present
mater. Accordingly, the cancellation report is hereby
accepted. There is no point keeping the present case
pending. The accused stands discharged. Though the
complainant shall be at liberty to avail in any other
remedy as available under the law, if so advised. File b
sent back to SSP Office. Papers of this Court be
consigned to the record room.”
11.1 Admittedly, pursuant to the charge-sheet dated 30.10.2007,
considering the reply submitted by the delinquent official, an inquiry was
instituted. The Inquiry Officer in his report submitted on 16.09.2008,
exonerated respondent No.1 as the charge against him was not proved.
The relevant portion of the said report reads as thus:
“6. I have examined the evidence and record and have
considered the written arguments submitted by P.O. only
charge against Sh. Sushil Kumar Gupta, C.O. is that he
pilfered 48 bags. The charge sheet has been issued on the
basis of a report dated 10.10.2007 of the then Joint Director,
F&S. The report itself clearly mentions that the physical
verification was not carried out. Shortage was evidently
worked out on the basis of the assumption that each bag
CWP-24235 and 24251-2025 -10-
contained standard 50 k.g. and was also being issued
accordingly. Actual position is that surplus bags were
supplied by F.C.I. to make up for the loss of weight through
moisture loss. This plea of the C.O. in para 16 of the reply
dated 20.12.07 was not controverted at any stage. Another
important factor which stands out is the report dated
31.12.2007 which mentions that the quantity (weight) shown
in stock register tallied with the bills. This does not show
any shortage.
7. In view of the foregoing discussion the charge against
Sh. Sushil Kumar Gupta, C.O. does not proved.”
11.2 However, the disciplinary authority gave a dissenting note
and vide order dated 25.02.2009, show cause notice was issued to
respondent No.1 proposing to impose penalty of stoppage of one annual
grade increment with cumulative effect. Respondent No.1 submitted reply
dated 09.03.2009, wherein it was submitted that he was falsely involved
in case FIR No.01 dated 01.01.2009. Thereafter, vide order dated
30.08.2010, the suspension of the applicant/respondent No.1 was
ultimately revoked.
11.3 On a query of the Court, regarding the department
proceedings, learned counsel for the petitioners has not been able to point
out any material to show that the same ever proceeded beyond the stage of
issuance of show cause notice and reply thereto. In fact, after revocation
of the suspension vide order dated 30.08.2010, which was made subject to
outcome of case FIR No.01 dated 01.01.2009, respondent No.1 retired on
attaining the age of superannuation on 30.06.2012. However, the period of
his suspension from 30.10.2007 till 30.08.2010 was not regularized. In the
absence of any material to show that the departmental proceedings had
CWP-24235 and 24251-2025 -11-
concluded, not much reliance can be placed on the contention that
respondent No.1, though exonerated by the Inquiry Officer, despite that
was proceeded against on the basis of a dissenting note recorded by the
disciplinary authority. Nevertheless, the charge levelled against the
delinquent official was required to be proved by leading cogent evidence
in the said departmental proceedings. In the absence of any evidence
having been shown, even before this Court that any adverse order
imposing any punishment in the departmental proceedings was ever
passed, no adverse inference can be drawn against respondent No.1 qua
the said departmental proceedings.
11.4 Moreover, during the trial in case FIR No.01 dated
01.01.2009, under Sections 409, 420, 467, 468 IPC, Section 13 (1)(c)(d)
of the Prevention of Corruption Act and Section 7 of the Essential
Commodities Act, registered at Police Station Vigilance, UT Chandigarh,
no evidence was brought on record to suggest that respondent No.1 had
manipulated the record while preparing the labour charges bills of labour
contractor or had misappropriated any fund. For want of evidence
connecting the accused with the commission of any of the offences
alleged, respondent No.1 was acquitted on 01.05.2014. The prosecution
failed to adduce any cogent and convincing evidence to substantiate the
charge framed against the accused. It was thus concluded that the
prosecution had not been able to bring home guilt of the accused, at least
beyond reasonable doubt. A meticulous examination of the judgment
dated 01.05.2014 passed by learned Special Judge, Chandigarh in the
supra case FIR, would show that no direct evidence had been led by the
prosecution to connect the accused with the alleged offence, in order to
CWP-24235 and 24251-2025 -12-
substantiate the charge framed against the accused. Though in the
concluding paragraph, the learned Special Judge has observed that
providing benefit of doubt, the accused is ordered to be acquitted of the
charges framed against him, but the said observation is in the light of the
cardinal principle of criminal law noticed in the preceding paragraph. On
a complete reading of the judgment dated 01.05.2014, finding has been
recorded that there was no evidence on record which suggests implication
of respondent No.1 to the extent of the charge framed against him. Thus,
the acquittal is for want of evidence against respondent No.1 and not on
account of having been granted the benefit of doubt. The relevant portion
of the judgment dated 01.05.2014, is extracted hereunder:
“28. Thus, there is nothing on record which suggests that
any loss has been incurred during the tenure of accused
Sushil Kumar Gupta at the PR Centre to the Government
Exchequer. Further, it is also proved on record that no
complaint from any quarter were ever received by the
department of Food and Supply, U.T., Chandigarh in respect
of any loss, shortcoming, or non supply of Food Grain to the
depot holders or mobile vans during the tenure of accused
Sushil Gupta. It is also proved on record that no pilferage of
any kind of food grains has ever been committed by accused
Sushil Kumar Gupta. The prosecution has failed to prove on
record any entrustment of such food grains to Sushil Kumar
Gupta accused which were never disbursed or supplied by
him further to the depot holders or other centers under Food
& Supply Department, U.T., Chandigarh.”
“30. The another allegation levelled against Sushil Kumar
Gupta, accused by the prosecution is that Labour Charges
Bills of PR Centre were prepared, verified and passed by
Sushil Kumar Gupta himself without any authority and has
misappropriated the government funds. In order to prove the
aforesaid allegation, the prosecution has examined labour
CWP-24235 and 24251-2025 -13-
Contractor Amar Chand as PW-12, however, this witness
has admitted in his cross examination that being illiterate he
used to request the Incharge, P.R. Centre or some other
person like depot holder if available to prepare the bills for
him and Mangal Singh, Inspector, H.R. Kalia, Ashwani
Kumar etc. have also prepared his bills on his request and he
has simply signed the same in token of the accuracy of the
same. He further admitted that he used to receive payment
from the department of loading-unloading charges, stacking,
weighment of the food grains at the P.R. Centre in view of
the contract approved by the department. Thus, from the
above it is evident that there is no evidence on record which
suggests that Sushil Kumar Gupta, accused has manipulated
the record while preparing the labour charges bills of labour
contractor or has misappropriated any fund.”
“33. Thus, by now this Court has come to the conclusion
that prosecution has failed to connect accused Sushil Kumar
Gupta with the commission of any of the offences. It was
incumbent upon the prosecution to adduce cogent and
convincing evidence in order to substantiate the charge
framed against the accused. It is the cardinal principle of
criminal law that in criminal cases, the guilt of the accused
is to be proved by indubitable evidence and the conjectures
and surmises, however strong may be, cannot take place of
proof. The benefit of doubt as and when the same arises,
however marginal the same may be, is bound to tilt in
favour of the accused.
34. In the light of what is discussed above and without
elaborating further, it is held that the prosecution has not
been able to bring home guilt to the accused at least beyond
reasonable doubt. Resultantly, providing benefit of doubt,
the accused is ordered to be acquitted of the charges framed
against him. File be consigned to the record room.”
12. A bare perusal of the above reproduction would show that
though, in paragraph 34, it has been mentioned that the benefit of doubt is
CWP-24235 and 24251-2025 -14-
being given to the accused but, in paragraph 33, the finding of the Court is
that the prosecution has failed to connect the accused with the
commission of any offence. Once there is a bit of confusion in paragraphs
33 and 34, the full judgment is to be seen as to what is the basis of
acquittal by the court. A bare reading of the order passed by the
competent Court of law shows that there was no material brought on
record to connect the accused with the alleged offence. Once there is no
material, it cannot be said that the benefit of doubt is to be given to acquit
the accused. The benefit of doubt is only given, where the material is
brought on record but the same casts some shadow of doubt, which is not
the case qua the respondent herein. Therefore, for all intents and purposes,
respondent No.1 was acquitted because the prosecution had failed to
connect the accused with the commission of offence and did not adduce
cogent evidence to substantiate the charges framed against the accused.
Hence, it has to be treated as acquittal on merits for all intents and
purposes.
13. It would be gainful to make a reference to the settled legal
position on the subject. A coordinate bench of this Court while
considering a similar proposition in Bhag Singh vs. Punjab and Sind
Bank, 2005 (6) SLR 464 held that when acquittal in criminal proceedings
is for want of evidence, mere mention of benefit of doubt by the criminal
Court is superfluous and baseless. It was further held that the mere use of
expression ‘benefit of doubt’ or ‘not proved beyond reasonable doubt’ by
the trial Court or the appellate Court, cannot be permitted to convert an
acquittal on the ground of no evidence, to something less than that. It was
further held that the concepts of ‘Honourable Acquittal’, ‘fully
CWP-24235 and 24251-2025 -15-
exonerated’ or ‘acquitted of blame’ are all unknown to the Criminal
Procedure Code, 1973. Therefore, the term ‘benefit of doubt’ cannot
detract from the impact of the acquittal. A similar view expressed by the
learned single Judge in Jagmohan Lal v. State of Punjab through Secy.
to Punjab Govt. Irrigation and others., AIR 1967 Punjab and Haryana
422, was relied upon by the supra Division Bench, wherein it was held
that it is futile to expect a finding of either honourable acquittal or
complete innocence in a judgment of acquittal. The reason is obvious; the
criminal Courts are not concerned to find the innocence of the accused.
They are only concerned to find whether the prosecution has succeeded in
proving beyond a reasonable doubt the guilt of the accused. The relevant
portion of the judgment in Bhag Singh’s case (supra), is reproduced
hereunder:-
“It was in view of the aforesaid findings that the Division
Bench held that the employee had not been honourably
acquitted. We have extracted the relevant part of the
judgment given by the trial court in the present case. A
perusal of the same would show the use of the expression by
the learned trial court that the prosecution has failed to bring
home the charge to the accused beyond any reasonable
doubt, would not obliterate the earlier discussion of the trial
Court which clearly established that there was no evidence
against the petitioner which would tend to show that the
petitioner was involved in any undesirable activities.
Therefore, the observations made by the Division Bench in
the case of Kerala State Handloom Development
Corporation Ltd. (supra), would not be applicable to the
facts and circumstances of the present case.”
14. Before the Tribunal, respondent No.1 had also relied upon
the division bench judgment in Smt. Poonam Rani vs. Uttar Haryana
CWP-24235 and 24251-2025 -16-
Bijli Vitran Nigam Ltd. 2008(1) SCT 819 and Shiv Kumar Goel vs. State
of Haryana, 2007(1) SLR 633, which are fully applicable to the facts of
the present case.
15. In the present case, respondent No.1 was discharged in case
FIR No.325 dated 05.10.2005 as the complainant could not produce any
incriminating evidence against him. Learned counsel for the petitioners is
not in a position to refute that the case law relied upon by her would not
be applicable in the proceedings in case FIR No.325 dated 05.10.2005,
whereby the cancellation report was accepted and respondent No.1 was
discharged vide order dated 02.06.2014.
15.1 As noticed hereinabove, respondent No.1 was acquitted in
case FIR No.01 dated 01.01.2009 vide judgment dated 01.05.2014. The
department having failed to bring any incriminating evidence to connect
respondent No.1 with the offences alleged, the accused was fully
exonerated of the charge framed against him.
15.2 Similarly, the departmental proceedings wherein respondent
No.1 had been charge-sheeted on 30.10.2007, were dropped for all intents
and purposes, as on the same set of allegations, FIR No.01 dated
01.01.2009 (supra) had been registered. Respondent No.1 was allowed to
rejoin duty by revoking the suspension w.e.f. 30.08.2010, when
investigation/proceedings in case FIR No.01 dated 01.01.2009 were still
under way.
16. It would be apposite to refer to the relevant rules of the
Punjab Civil Services Rules, Volume-I, which are extracted hereunder:-
“7.3. (1) When a Government employee, who has
been dismissed, removed or compulsorily retired, is
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reinstated as a result of appeal, revision or review, or would
have been so reinstated but for his retirement on
superannuation while under suspension or not, the authority
competent to order re-instatement shall consider and make a
specific order–
(a) regarding the pay and allowances to be paid to
the Government employee for the period of his
absence from duty including the period of
suspension, preceding his dismissal, removal or
compulsory retirement, as the case may be; and
(b) whether or not the said period shall be treated
as a period spent on duty.
(2) Where the authority competent to order re-
instatement is of opinion that the Government employee,
who had been dismissed, removed or compulsorily retired,
has been fully exonerated, the Government employee shall,
subject to the provisions of sub-rule (6), be paid his full pay
and allowances to which he would have been entitled, had
he not been dismissed, removed or compulsorily retired or
suspended, prior to such dismissal, removal or compulsory
retirement, as the case may be:
Provided that where such authority is of opinion that
the termination of the proceedings instituted against the
Government employee had been delayed due to reasons
directly attributable to the Government employee it may,
after giving him an opportunity to make representation and
after considering the representation, if any, submitted by
him, direct, for reasons to be recorded in writing, that the
Government employee shall, subject to the provisions of
sub-rule (7), be paid for the period of such delay only such
amount (not being the whole) of pay and allowances, as it
may determine.
(3) In a case falling under sub-rule (2), the period of
absence from duty including the period of suspension
preceding dismissal, removal or compulsory retirement, as
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the case may be, shall be treated as a period spent on duty
for all purposes.”
7.3-B. (1) When a Government employee who has
been suspended is reinstated or would have been so re-
instated but for his retirement on superannuation while
under suspension the authority competent to order re-
instatement shall consider and make a specific order –
(a) regarding the pay and allowance to be paid to the
Government employee for the period of
suspension ending with re-instatement or the date
of his retirement on superannuation, as the case
may be; and
(b) whether or not the said period shall be treated as
a period spent on duty.
(2) Notwithstanding anything contained in rule 7.3 or
rule 7.3-A, where a Government employee under suspension
dies before the disciplinary or court proceedings instituted
against him, are concluded, the period between the date of
suspension and the date of death shall be treated as spent on
duty for all purposes and his family shall be paid the full pay
and allowances for that period to which he would have been
entitled, had he not been suspended, subject to adjustment in
respect of subsistence allowance already paid.
(3) Where the authority competent to order re-
instatement is of opinion that the suspension was wholly
unjustified, the Government employee shall, subject to the
provisions of sub-rule (8), be paid the full pay and
allowances to which he would have been entitled, had he not
been suspended:
Provided that where such authority is of opinion that
the termination of the proceedings instituted against the
Government employee, had been delayed due to reasons
directly attributable to the Government employee, it may,
after giving him an opportunity to make his representation
and after considering the representation, if any, submitted by
CWP-24235 and 24251-2025 -19-
him, direct, for reasons to be recorded in writing, that the
Government employee shall be paid for the period of such
delay only such amount (not being the whole) of such pay
and allowances as it may determine.
(4) In a case falling under sub-rule (3), the period of
suspension shall be treated as a period spent on duty for all
purposes.
(5) In cases other than those falling under sub-rules
(2) and (3), the Government employee shall, subject to the
provisions of sub-rules (8) and (9), be paid such amount (not
being the whole) of the pay and allowances to which he
would have been entitled, had he not been suspended, as the
competent authority may determine, after giving notice to
the Government employee of the quantum proposed and
after considering the representation, if any, submitted by
him in that connection within such period as may be
specified in the notice.
(6) Where suspension is revoked pending finalisation
of the disciplinary or court proceedings, any order passed
under sub-rule (1) before the conclusion of the proceedings
against the Government employee shall be reviewed on its
own motion after the conclusion of the proceedings by the
authority mentioned in sub-rule (1) who shall make an order
according to the provisions of sub-rule (3) or sub-rule (5), as
the case may be.
(7) In a case falling under sub-rule (5), the period of
suspension shall not be treated as a period spent on duty
unless the competent authority specifically directs that it
shall be so treated for any specified purpose: Provided that if
the Government employee so desires such authority may
order that the period of suspension shall be converted into
leave of any kind due and admissible to the Government
employee. Note.–The order of the competent authority under
the preceding proviso shall be absolute and no sanction of
the higher authority shall be necessary for the grant of– (a)
extraordinary leave in excess of three months in the case of
CWP-24235 and 24251-2025 -20-
temporary Government employee; and (b) leave of any kind
in excess of five years in the case of permanent Government
employee.
(8) The payment of allowances under sub-rule (2),
sub-rule (3) or sub-rule (5) shall be subject to all other
conditions under which such allowances are admissible. (9)
The amount determined under the proviso to sub-rule (3) or
under sub-rule (5) shall not be less than the subsistence
allowance and other allowances admissible under rule 7.2”
17. On a conspectus of the aforesaid, it is well settled that a
Government employee who had been dismissed, removed or compulsorily
retired, or having been fully exonerated, is to be paid his full pay and
allowances to which he would have been entitled but for the aforesaid,
and the period of suspension is to be treated as period spent on duty for all
purposes. As per the rules reproduced hereinbefore, it is clear that where
an employee who has been dismissed from service and remains out of
service but after the exoneration is brought back into the service, then
also, he/she is entitled for full salary, whereas, respondent No.1 here is on
a much better footing as, he was never dismissed from service but was
only suspended and his suspension was also revoked so as to be reinstated
into service and has already been exonerated of all the allegations alleged
against him in the criminal proceedings and the allegations alleged against
the departmental proceedings were never taken to the logical end so as to
impose any punishment upon him prior to the date he is superannuated
from service in the year 2012. Hence, if the consequential benefit of the
service for which an employee remained out from the job is to be treated
as a duty period with consequential benefits upon exoneration, respondent
CWP-24235 and 24251-2025 -21-
No.1 could not have been denied the benefit of treating his suspension
period as a duty period with consequential benefits as no allegations
alleged against him in the criminal proceedings stood proved, and the
departmental proceedings never got concluded so as to impose any
punishment.
18. In all fairness to learned counsel for the petitioners, the
judgments relied upon by her are being individually discussed and the
same are distinguishable on facts and in law; hence, the same are not
applicable in the present case.
19. In Iqbal Singh’s case (supra), the Government employee was
suspended on account of registration of murder case and his arrest by the
police. In the said case, the said employee was acquitted on benefit of
doubt and thereafter, was permitted to rejoin. Back wages to the said
employee were denied as it was held that the department cannot be at fault
for having kept him out of service whereas in the facts and circumstances
of the present case as held earlier, the acquittal of the respondent herein,
was on the ground that the evidence was not brought connect the
respondent with the allegations alleged.
20. In Suraj Bhan’s case (supra), the employee was
dismissed due to conviction and was subsequently acquitted on benefit of
doubt. It is also noticed that the allegations against the employee were
levelled by a third person, relating to cheating, wherein he was held guilty
and upon his conviction, he was dismissed from service. In the said
circumstances, it could not be said that the department had any role to
play either in initiating criminal proceedings or in the conviction
thereafter. Applying the settled principle of law by the Hon’ble Supreme
CWP-24235 and 24251-2025 -22-
Court in Civil Appeal No.8565 of 2003 titled as Union of India vs. Jaipal
Singh, decided on 03.11.2003, reported in (2004) 1 SCC 121, the
Government employee was denied the benefit of back wages upon his
reinstatement. However, the factual position is very different in the
present case, wherein respondent No.1 stands fully exonerated of the
charge against him, as the prosecution miserably failed to bring on record
incriminating evidence against him.
21. Similar was the factual and legal position in Dnyaneshwar
Kashinath Shingane’s case (supra), wherein the Government employee
was suspended due to the FIR filed against him for offences under
Sections 498-A, 307, 494 read with Section 34 of the Indian Penal Code.
It was further held in the said case that the employee faced criminal
prosecution arising out of his private affairs unconnected with
performance of his duties. However, the same is not so in the present case.
22. In Baldev Singh’s case (supra), the employee was convicted
in the criminal case and thereafter, dismissed from service. On being
acquitted in appeal and thereafter, being reinstated, it was held that merely
because there has been an acquittal does not automatically entitle him to
get salary for the concerned period under the relevant provisions of the
Army Act, 1950. The Punjab Civil Services Rules were not involved or
discussed in that decision and thus, the said judgment is not applicable, as
such.
23. No other argument has been raised.
24. Accordingly, keeping in view the aforesaid discussion and
that the petitioners have not been able to make out a case that the
impugned judgment passed by the Central Administrative Tribunal suffers
CWP-24235 and 24251-2025 -23-
from any perversity either on facts or on law or any jurisdictional error
warranting interference, the instant writ petitions being devoid of merit,
are dismissed.
25. A photocopy of this order be placed on the connected file.
(HARSIMRAN SINGH SETHI) (VIKAS SURI)
JUDGE JUDGE
21.08.2025
sumit.k
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
Legal Notes
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