Advice
Querist :
Anonymous
(Querist) 19 May 2011
This query is : Open
I myself Dipak P. Mehta Assistant given below the details for your information and record.
Name: - DIPAK P MEHTA (Revoked my Suspension from 24-11-2010)
1) Date of Suspension - 28-06-1989
2) Date of the Judgment by Hon'ble Chief Judge, Chief Court Vadodara 13-01-1998 in favour of me.
3) Date of Criminal Appeal filed before The Hon’ble High Court by the
Department against the Chief Court Order vide Appeal No 177/1999 & 178/1999.
4) Date of Departmental Enquiry held against on me – 03-10-2001vide
EnquiryNo.10/2001, as in the departmental enquiry the charges are same on me which is in Criminal Case as well as in High Court Appeal.
5) Date of Hon’ble High Court had passed the Order and dismissed the Criminal Appeal Filed by the Department –Appeal No. 177/1999 and 178/1999 against Chief Court Vadodara Order. On - 30-10-2009
6) In Departmental Enquiry No. 10/2001 before the Hon'ble District Judge, Vadodara had issued the final order on 24-11-10 that:-
(a) The penalty of stoppage of 3 increments with future effect is ordered to be imposed upon the delinquent Mr. Mehta
(b) The Suspension of Mr. Mehta is revoked. He is reinstated in the service on the same post and posted in Small Cause Court Vadodara. Mr. Mehta from 28-06-1989 till this order shall be treated on duty for the purpose of qualifying service and pension only.
(c) The Order regarding Pay and Allowance during the suspension period of delinquent Mr. Mehta shall be passed after hearing Mr. Mehta Accordingly, notice be issued to him for this regard.
On 03-01-2011 the Honourable District Judge had issued the Notice for hearing on 10-01-2011 regarding Pay and Allowance during the suspension period of Mr Mehta.
On 10-01-2011 the Hon’ble District Judge had passed the order as per below:-
(a) The Pay and Allowances during the period of suspension of the delinquent Mr. Mehta Assistant shall not be paid to him.
(b) However the subsistence allowance paid to the delinquent Mr. Mehta Assistant during the above said period of suspension is not to be recovered from him
(c) The period of suspension of the delinquent Mr. Mehta should be treated as Extra Ordinary Leave.
The Hon’ble District Judge had also admitted in order that from 28-06-89 till this order it is treated on duty for the purpose of service and pension. And again vide Office Order No. 07/2011 dated 10-01-11, suspension period treated as Extra Ordinary Leave.
Due to this type of Order I am having a great loss in my salary fixation.
I had already suffered punishment for 21 years during my suspension period by mentally and economically.
As Hon’ble District Judge were also consider in departmental enquiry order that I am only the bread winner of my family consisting old aged mother, abnormal sister, wife and young daughter.
Lastly I draw your kind attention that in Departmental Enquiry the Enquiry Officer/ Presenting Officer had not examined the Hand Writing Expert which is the main witness of this Departmental Enquiry and in the written submission and at the time of personal hearing which was held on 24-09-2010 before the Disciplinary Authority and Principal District Judge Vadodara my learned advocate Shri S. Barkat had also draw kind attention to Hon’ble District Judge Vadodara.
I had filed an appeal against the orders of District Judge Vadodara before Gujarat High Court Ahmedabad under Gujarat Civil Service Rules 1971.
Latest news is GUJARAT HIGH COURT IS FILED SUE MOTU APPEAL AGAINST ME. PLEASE ADVICE IN DETAILED THAT WHAT CAN DO FOR THE SAME.....
I want to know that if there is any supreme court or High Court judgements indicated that the pay and allowance during the suspension period will be admissible to me. Please advice me in this regard and obllge. Thanks
