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Judgment
M. Jaichandren, J.—Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
The brief facts of the case are as follows:
The petitioner had entered the service in the Police Department as a Police Constable, on 17.01.1986. He was placed under suspension by the respondent by his proceedings, dated 14.5.1993, based on an allegation that he, along with some other police constables was involved in beating one Mani, an auto rickshaw driver, on 11.4.1992, leading to his death. Hence, a criminal enquiry was pending against him and a criminal prosecution had also been initiated. The petitioner had challenged the suspension order before the Tamil Nadu Administrative Tribunal in O.A. No. 3946 of 1993. Based on the order of stay granted by the Tribunal, on 8.7.1993, the petitioner was reinstated in service, by an order of the respondent, dated 21.7.1993. The petitioner had also been acquitted in a criminal case initiated against him by an order, dated 14.5.1995, in S.C. No. 26 of 1995. In the departmental enquiry it was held that the charges against the petitioner had not been proved. In such circumstances, the period of suspension of the petitioner from 15.5.1993 to 21.7.1993 is to be treated as duty period.
At this stage of the hearing of the writ petition, the learned Counsel appearing on behalf of the respondent had submitted that the period of suspension spent by the petitioner would be treated, as period spent on duty, for all purposes. It has been further stated that the arrears of pay and allowances, due to the petitioner, shall be paid to him, shortly.
In such circumstances, the respondent is directed to pay the arrears and allowances, due to the petitioner, within a period of three months from the date of receipt of a copy of this order. The writ petition stands closed, with the above directions. No costs.