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K Ponnamma v. State of Kerala

Supreme Court of India · 17 March 1997 · [1997] 2 S.C.R. 1149

Court
Supreme Court of India
Decided
17 March 1997
Case no.
SLP(C) No. 4885 of 1997
Reported as
[1997] 2 S.C.R. 1149
Result
Dismissed
Bench
K. Ramaswamy, G.T. Nanavati
Length
2 pages
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PETITIONER:
SMT. K. PONNAMMA
Vs.
RESPONDENT:
THE STATE OF KERALA & ORS.
DATE OF JUDGMENT: 17/03/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI

ACT

HEADNOTE

JUDGMENT

ORDER

This special leave petition has been filed against the judgment of the Kerala High Court, made on November 7, 1996 in writ Appeal No.850/1996.

Admittedly, the petitioner and her husband were charged for an offence under Section 302 and also Section 201 I.P.C. etc. While the husband of the petitioner was convicted, she was acquitted of the offences under Sections 301 and also 201, getting her the benefit of doubt. Consequently, she was reinstated into service but back wages were denied, after conducting the enquiry under Kerala Service Rules. Rule 57 of the Rules provides that:

"An Officer who is detained in

custody, whether on a criminal

charge or otherwise, for a period

exceeding fortyeight hours, or is

undergoing imprisonment, shall be

deemed to be under suspension with

effect from the date of

commencement of the detention or

imprisonment, as the case may be,

and shall not be allowed to draw

any pay and allowances during such

period of suspension other than any

subsistence allowance and other

allowances that may be granted in

accordance with Rule 55, until he

is reinstated in service."

Rule 56 of the Rules provides thus:

"(1) When an officer who has been

dismissed, removed or compulsory

retired including an officer who

has been compulsory retired under

rule 60A, is reinstated a result of

appeal or review or would have been

so reinstated, but for his

retirement on superannuation while

under suspension or not, the

authority competent to order

reinstatement shall consider and

make a specific order:

(a) regarding the pay and

allowances to be paid to the

officer 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,

(b) whether or not the said period

shall be treated as a period spent

on duty."

A reading thereof would clearly indicate that where an officer has been kept under suspension, on account of the pendency of the charges/detention for 48 hours and continued to remain under suspension pending the trial of the criminal charge, statutorily he/she is disabled to perform the duties of the post. On reinstatement under Rule 56, the competent authority shall have a duty to consider whether, on reinstatement, suspended officer would be untitled to the payment of full pay etc. for the period of his suspension. The mandate of Rule 56 is the competent authority should consider the case in accordance with the rules and pall the order. The nature of the order is discretionary depending upon the facts in the case. It is seen that on account of the involvement of the petitioner in a criminal charge by statutory operation, she was under suspension till she was acquitted. On acquittal, the departmental enquiry was conducted as to the nature of the order to be made under Rule 56. Accordingly, the authority, in its discretion, found that the payment of the salary during the period of suspension except suspension allowance already paid, could not be granted. It being in accordance with the Rules, we do not think that the High Court has committed any error warranting interference.

The special leave petition is dismissed.

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