Punjab and Haryana High Court mandates employee’s reinstatement upon acquittal
Saurabh Malik
Chandigarh, February 12
The Punjab and Haryana High Court has made it clear that an employee’s services can be placed under suspension only in case of pending disciplinary proceedings against him or his involvement in any other criminal proceedings.
What court observed
Employee’s services can be placed under suspension only in case of pending disciplinary proceedings against him or his involvement in any other criminal proceedings… — Justice Harsimran Singh Seth
Justice Harsimran Singh Seth of the High Court has also made it clear that an employee, whose services have been placed under suspension following the registration of an FIR, was required to be reinstated upon acquittal, especially when the department concerned had chosen not to initiate disciplinary proceedings against him. The assertion came as Justice Sethi directed the reinstatement of the petitioner-employee from October 2018 with all consequential benefits. The Bench also made it clear that the petitioner would be entitled to salary even for the suspension period from November 9, 2015, to October 13, 2018.
“After October 13, 2018, there is no proceeding pending against the petitioner so as to authorise or give jurisdiction to the respondents (State) to keep the petitioner under suspension. For the last more than five years, the petitioner is being made to run from pillar to post and the respondents are not performing their duties,” Justice Sethi asserted. The petitioner was also directed to be granted the benefit of the duty period “for all intents and purposes” as he was acquitted of all the charges levelled against him in the FIR. The subsistence allowance paid to the petitioner was directed to be deducted while granting the arrears of full salary.
Justice Sethi also ruled that the petitioner would be entitled to 6 per cent per annum interest on the arrears from the date the amount became due till the actual payment. The Bench also set two-month deadline for the order’s compliance. In his detailed order, Justice Sethi observed the petitioner’s services were placed under suspension upon the registration of the FIR in October 2015. His services continued to remain under suspension during the pendency of the criminal proceeding. He demanded reinstatement after acquittal by the competent court of law on October 13, 2018.
Justice Sethi observed the respondents were adamant not to reinstate the petitioner. “No rule has been cited by the counsel for the respondents that the suspension of the petitioner is valid even after his acquittal from all charges levelled against him….,” the Bench added.
