Full wages after quashing of cr.cases by the hon. high cour

The member who initiated the query should post developments, as it may help such members who face similar situation in future.  In most of the cases, member avails the services of the forum, but never reverts back.  Exchange of information and knowledge has to be kept in mind, each query must help atleast one member and helps others to gain some knowledge on such issues.  Please do post developments.

Respected Shri G.L.N. Prasad Sir,

Extremely Sorry, actually, I have migrated to Experts from Forum when at early stage no motivating response other than you was here... but now, this link is also getting very active and enlightening. Actually, one Kumar Doab Sir has helped and provided a lot of help and guidance on both platforms Forum and Experts... Others are contributing too... I am waiting for Shri Sudhir Kumar Sir's response. He has posted on Experts but on that platform for unknown reasons to me I could not upload attachments so he was unable to trace anything about the matter. Hope he finds the query here.

Regards,

The author may note that there is NO provision for attachment in Experts Section, hence NO attachment is found.

The author could have copied and pasted the document.

The attachments can be posted in Forum section.
As asked by Mr. Sudhir Kumar the author may post the details of the charges.




The author has posted that:

" in matrimonial disputes..............High Court has quashed the criminal proceedings arose out of the FIR based on the compromise entered into between husband and wife."



Taking a cue from it, the subsequent posts were made.

You have probably duly submitted to authority that: criminal case registered against you and it ended in an acquittal on account of compromise between the parties involved in the criminal case.


So it might be a ground for considering it as 'Honorably Acquitted'.



Are you cleared of the charge as of now?

https://www.lawyersclubindia.com/experts/non-grant-of-full-wages-against-suspension-period-even-after-quashing-of-the-proceedings-603106.asp
 

Respected Kumar Doab Sir and all Learned & Kind Sirs,

Yes, I have submitted my humble representation to the Competent Authority in light of the expert guidance provided by you all. Still, I am waiting for the outcome. Though, it has become due by now but, as the Competent Authority is due to retire in next month and shall visit my office for a function related to my official duties. I am expecting some good result by then. I will surely let you and this forum know about the happenings.

Heartfelt regards to you all,

Yours sincerely,

Ritesh Ranjan

I have sent a link to you.

You may go thru it and also in specific: Para18.

Thereafter you may discuss it.

Respected Sir/s,

The decision (Order) of the Competent Authority reg. subject of my previous attachment is humbly appended below for examination and guidance by your expert part please.

ORDER

WHEREAS Shri Ritesh Ranjan, Junior Hindi Translator was issued with Memorandum dated 16.5.2016 (my previous attachment) intimating that criminal case was registered against him on the complaint made by his wife.

2. AND WHEREAS Shri Ritesh Ranjan was also intimated that the Hon'ble High Court of Meghalaya quashed the above criminal proceedings on the basis of compromise entered between both the parties. Since, it was a compromise settlement and not on honorable acquittal, the period of suspension is proposed "as such" in accordance with FR 54-B and payment restricted to subsistence allowance drawn by him.

3. AND WHEREAS the representation dated 21.6.2016 of Shri Ritesh Ranjan against the above proposed action has been perused and the following observations are made :

(i) As per guidelines in vogue, where the 'Suspension' is considered subsequently as "unjustified" in such cases full pay and allowances to which one is entitled, is to be paid.

(ii) Shri Ritesh Ranjan was placed under suspension on account of Criminal Case U/s 498A, 323 & 506 of IPC filed against him which are serious charges. In inebriated condition, he had assaulted his wife and daughter on 30.5.2012 while occupying departmental accomodation. Shri Ritesh Ranjan was arrested by the police on 31.05.2012 and detained in custody.

(iii) In the circumstances stated above, it cannot be said that the suspension of Shri Ritesh Ranjan during the period from 31.5.2012 to 20.9.2012 was wholly unjustified. Shri Ritesh Ranjan is therefore not entitled to full pay and allowances for the period of suspension.

4. NOW, THEREFORE, the undersigned in exercise of powers conferred on him under Rule 10 of CCS (CCA) Rules, 1965, hereby order that the period of suspension of Shri Ritesh Ranjan from 31.5.2012 to 25.09.2012 (118 days) be 'AS SUCH' in accordance with FR 54-B and the payment restricted to subsistence allowance drawn by him.

Sd/-

Disciplinary Authority

This order was served on me today.

The immediate action should be to file an Appeal in terms of Rule 23 of the CCS(CCA) Rules highlighting therein that:

(i) the compromise settlement was in respect of the matrimonial dispute and not in respect of the allegations as to criminal offence;

(ii) As to the criminal charges, the very FIR had been quashed by the Hon'ble High Court; as such nothing survives as to the allegation as to criminal offences; and

(iii)  The disciplinary authority has blindly relied on the allegation in the FIR in arriving at the conclusion, "In inebriated condition, he had assaulted his wife and daughter on 30.5.2012 while occupying departmental accomodation" without any finding as to the truth of the said allegation. As such, the decision of the DA suffers from non-application of mind and injudicous.  

 

Great.  Hon. Sri P.Venu has conceputalized and given a summary. This is the only option and the best in present circumstancces.

Pursue the recourse.

I have already replied to your PM's.

You may preferably prepare as you are likely to land up in court of law. 

SInce the arrest was there followed by custody above 48 hours the suspension on the face of it does not appear unjustified.  The order is prima-facie appears justified.  Yet appealable as advised by Mr Venu.

Further you  got rid of criminal case by compromise that does not t all mean that yu are honourabley acquitted.  The deptt if turning malicious can (ntowithstanding comprmise) initiate disciplinary action on the same complaint which wife submitted against you.

Respected Sir/s,

Gratefully following Shri P. Venu Sir's advise, humbly attached is my appeal for your expert appraisal and further guidance please.

Thanking you,

Yours faithfully,

Ritesh Ranjan