Salary payment for the suspension period after suspension being revoked

[Anonymous]

A case of cheating was registered against me. I was arrested in that case and had remained in police custody for 5 days. Thereafter, on this ground, I was suspended from my post (I work in Central Government). I went to the high court on the ground that it was a civil matter in which a false FIR was registered under cheating section 420 IPC. This matter remained pending in high court for more than 2 years. Ultimately, the high court agreed with my petition and quashed the case against me. I was under suspension for this full period of more than 2 years. Now the Government has reinstated me in service and revoked the suspension. But, my salary for the suspension period is not paid. I have filed 2-3 requests to authority but they are not giving any satisfactory reply. What can I do? Am I entitled for the salary of the suspension period?

[Dr. Ashok Dhamija]

From your question, it appears that you were under “deemed suspension” under Rule 10(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS (CCA) Rules], since your suspension was on account of detention in custody for more than 48 hours.

In view of the fact that the case against you has been quashed by the courts, without a prosecution, there is a very good possibility that you should get full salary for the suspension period. Your case appears to be fully covered by the following instructions issued by the Government of India, vide Department of Personnel & A.R. OM No. 35014/9/76-Estt. (A) dated 08.08.1977:

“Erroneous detention or detention without basis –

One of the items considered by the National Council (JCM) in its meeting held in January, 1977 was a proposal of the Staff Side that a  Government servant who was deemed to have been placed under suspension on account of his detention or on account of criminal proceedings against him should be paid full pay and allowances for the period of suspension if he has been discharged from detention or has been acquitted by a Court.

2. During the discussion, it was clarified to the Staff Side that the mere fact that a Government servant who was deemed to have been under suspension, due to detention or on account of criminal proceedings against him, has been discharged from detention without prosecution or has been acquitted by a Court would not make him eligible for full pay and allowances because often the acquittal may be on technical grounds but the suspension might be fully justified.  The Staff Side were, however, informed that if a Government servant was detained in police custody erroneously or without any basis and thereafter he is released without any prosecution, in such cases the official would be eligible for full pay and allowances.

3. It has accordingly been decided that in the case of a Government servant who was deemed to have been placed under suspension due to his detention in police custody erroneously or without basis and thereafter released without any prosecution having been launched, the competent authority should apply its mind at the time of revocation of the suspension and re-instatement of the official and if he comes to the conclusion that the suspension was wholly unjustified, full pay and allowances may be allowed.”

In view of the above instructions, since you have been deemed to have been placed under suspension due to your detention in police custody erroneously or without basis and thereafter released without any prosecution having been launched, and since the competent authority has already revoked your suspension and has reinstated you in service, such authority should apply its mind and if he comes to the conclusion that the suspension was wholly unjustified, full pay and allowances may be allowed to you. You may convince the authority in this regard by citing the above instructions issued by the Government of India.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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