SAW/547/1995 of STATE and ORS. Vs HEEMTA RAM on 15 April 1996

JUDGMENT

STATE OF RAJ.

VS HEEMTA RAM

& ORS.

D.B. CIVIL SPECIAL APPEAL (W) NO.547/1995AGAINST THE ORDER DATED 11.2.1993 INS.B. CIVIL WRIT PETITION NO.2995/1992.

DATE OF ORDER::

10.8.2006

PRESENTHON'BLE SHRI S.N. JHA, C.J.HON'BLE SHRI MOHAMMAD RAFIQ, J.

Mr.Rameshwar Dave, Dy. Government Advocate, for the appellant.

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This special appeal is directed against the order of the learnedSingle Judge disposing of the writ petition of the appellant with adirection that the annual increments due to him during the suspensionperiod alongwith arrears be paid without prejudice to the inquiry. Thelearned Judge relied on a decision of this Court in Kan Singh Vs. State ofRajasthan 1989 (1) RLR 111.

We are clearly of the view that notwithstanding the suspension ofa government servant, the annual grade increments falling due to him during the suspension period cannot be denied. May be that during thesuspension period he is paid only subsistence allowance and at the endof the departmental proceeding, depending on its outcome decision istaken not to pay him anything beyond subsistence allowance. Even inthat case the amount has to be worked out taking into account theannual grade increments due to him during the period, for, otherwisewithholding of increment would amount to punishment. Withholding ofincrement is one of the penalties specified under rule 14 of theRajasthan Civil Services (Classification, Control and Appeal) Rules, 1958which cannot be imposed without regular inquiry in accordance withlaw.

We thus do not find any infirmity in the order of the learnedSingle Judge to call for any interference. The appeal is dismissed.

(MOHAMMAD RAFIQ), J.

(S.N. JHA), CJ.

c.p.goyal/-