C.W.P.No. 14426 of 2007 1 In the High Court for the States of Punjab and Haryana, at Chandigarh. C.W.P.No. 14426 of 2007 Decided on April 03,2008. Gurdarshan Singh --Petitioner vs. State of Punjab and another --Respondents. CORAM: Hon'ble Mr.Justice Mehtab S.Gill Hon'bleMr.Justice Rakesh Kumar Jain Present: Mr.S.P.S.SidhuAdvocate, for the petitioner Mr.B.S.Chahal, D.A.G.Punjab, for the respondents. Rakesh Kumar Jain,J: This writ petition under Articles 226/227 of the Constitution of India, has been filed by the petitioner, seeking a writ in the nature of certiorari,for quashing the order dated 4.12.2006 (Annexure P-1), whereby the petitioner has been denied all his service benefits except for suspension allowance, although his suspension period has been regularised. In the year 2002, the petitioner was posted at Subsidiary Health Centre, Talwandi, Malliana, District Moga. Due to a false raid on 01.7.2002, he was booked in a criminal case vide F.I.R. No.40 dated 01.7.2002, under Sections 7, 13 (2) of the Prevention of Corruption Act,1988 registered at Police Station, Vigilance Bureau, Ferozepur In C.W.P.No. 14426 of 2007 2 pursuance thereof, vide order No. E5 (2)-P-02/2867 dated 16.07. 2002, the petitioner was put under suspension. Viide order No. E5 (2)-P- 02/1314, he was reinstated on 14.4.2005. During the aforesaid suspension period from 1.7.2002 to 14.4.2005, the petitioner was paid only suspension allowance ,whereas he was acquitted by learned Special Judge,Moga vide his judgment dated 08.9.2005 from the charges of corruption levelled against him by the aforesaid F.I.R. The department vide its order No. E5 (2)-P-2006 dated 04.12.2006 regularised the service of the petitioner w.e.f. 01.7.2002 to 14.4.2005 but ordered that he will not be entitled to anything apart from the suspension allowance. It is claimed by the petitioner that he had made a representation date 19.12.2006 and had also served a legal notice dated 24.1.2007 but the same was rejected on 18.7.2007 and the petitioner was informed that in case, he wants to file any appeal, he can approach the Government. The petitioner filed fresh representation/appeal on 24.7.2007, but to no avail. On notice of motion, reply has been filed by Dr.Sukhdev Singh, Director Health &Family Welfare, Punjab, on behalf of respondent Nos. 1 to 3, in which it has been admitted that the petitioner was put under suspension from 1.7.2002 to 14.4.2005 due to registration of a criminal case against him,but he was acquitted by the learned Special Judge, Moga, giving him benefit of doubt,therefore, vide order dated 04.12.2006, he was held to be not entitled for service benefit except for the suspension period allowance. We have heard learned counsel for the parties and have perused the record. It is an admitted fact that the petitioner has been placed under C.W.P.No. 14426 of 2007 3 suspension only due to registration of a criminal case vide F.I.R. No.40 dated 01.7.2002 under Section 7,13 (2) of the Prevention of Corruption Act,1988 at Police Station, Vigilance Bureau, Ferozepur. It is also an admitted fact that the learned Special Judge, Moga vide his judgment dated 08.9.2005 has acquitted the petitioner from the charges of corruption with the observation that the prosecution has failed to substantiate the charges against the accused beyond reasonable doubt. It is undisputed that no appeal has been preferred by the respondents against the decision dated 08.9.2005 rendered by the learned Special Judge, Moga. It is further clear from the order dated 4.12.2006 (Annexure P1) that the suspension period of the petitioner from 1.7.2002 to 14.4.2005 has been regularised. However, in the same order, the petitioner has been deprived off all other benefits except for suspension allowance without there being any reason. Since suspension of the petitioner has been proved to be illegal and that period has been regularised, in our view, the petitioner is entitled to all the benefits for the period from 1.7.2002 to 14.4.2005 and the observation of respondent No.1 contained in Annexure R-1 to the effect that “employee will not be entitled to anything” is being declared illegal , unreasonable, arbitrary and is thus quashed. In view of the above, the writ petition is allowed. However there shall be no order as to costs. (Rakesh Kumar Jain) Judge April 03,2008 ( Mehtab S.Gill ) RR Judge