Case Note & Summary
The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal dated 18th August 2010 in Original Application No.335 of 2010. The respondent, Manoj Prabhakar Lohar, was selected as Deputy Superintendent of Police on 1st March 1996 and was promoted to Additional Superintendent of Police posted at Chalisgaon on 30th May 2009. On 16th July 2009, a criminal case (C.R. No.145 of 2009) was registered against him under Sections 347, 364A, 385, 504 read with Section 34 of the Indian Penal Code based on a private complaint by Dr. Uttam Mahajan. The next day, he was transferred from Chalisgaon but not given any posting. He waited for several months without salary and filed Original Application No.24 of 2010 before the Tribunal, which on 11th January 2010 directed the State to issue posting orders within a week. The State challenged this order in Writ Petition No.540 of 2010, which was withdrawn with liberty to pursue a review petition. Meanwhile, the respondent filed Contempt Petition No.11 of 2010. On 6th March 2010, the State issued an order posting him as Superintendent of Police, State Police Control Room, Mumbai, with deemed charge from 27th January 2010 and salary from that date. The contempt petition was disposed of on 9th March 2010. The respondent then filed Original Application No.335 of 2010 seeking salary for the period from July 2009 to January 2010, which the Tribunal allowed on 18th August 2010, directing the State to pay salary for that period. The State challenged this order in the present writ petition. The High Court held that the State could not keep the respondent without posting and salary for several months without formal suspension. The Tribunal's order was justified as the respondent was entitled to salary for the period he was kept out of work. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Deemed Suspension - Right to Salary - Non-posting without salary for several months amounts to deemed suspension and violates principles of natural justice - The State cannot avoid paying salary by not issuing posting orders; the officer is entitled to salary for the period he is kept out of work without formal suspension (Paras 2-6).
B) Administrative Law - Transfer Orders - Compliance with Tribunal Directions - The State must comply with Tribunal orders directing posting and payment of salary; failure to do so may lead to contempt proceedings (Paras 3-4).
C) Criminal Law - Registration of FIR - Effect on Service - Registration of a criminal case does not automatically justify withholding salary or posting without a formal suspension order (Para 2).
Issue of Consideration
Whether the State Government can keep a police officer without posting and salary for an extended period without formal suspension order, and whether the Tribunal's direction to post and pay salary was justified.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order directing the State to pay salary to the respondent for the period from July 2009 to January 2010. No order as to costs.
Law Points
- Deemed suspension
- right to salary
- natural justice
- administrative transfer
- contempt proceedings
Case Details
2010 LawText (BOM) (10) 58
Writ Petition No.7643 of 2010
B.H. Marlapalle, U.D. Salvi
Mr.A.B. Vagyani (AGP for petitioner), Mr.V.M. Thorat with Mr.M.V. Thorat and Mr.Kunal Cheema i/by Mr.Vimalnath Tiwari (for respondent)
The State of Maharashtra & The Directorate General of Police, Maharashtra State
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Nature of Litigation
Writ petition challenging Tribunal order directing payment of salary for period when officer was without posting.
Remedy Sought
State sought quashing of Tribunal order dated 18th August 2010 directing payment of salary from July 2009 to January 2010.
Filing Reason
State aggrieved by Tribunal order directing payment of salary for period when officer was not given posting after transfer.
Previous Decisions
Tribunal in OA No.24/2010 directed posting within a week; State filed WP 540/2010 which was withdrawn; Contempt Petition disposed after posting order; Tribunal in OA 335/2010 directed salary for July 2009 to January 2010.
Issues
Whether the State can keep an officer without posting and salary for several months without formal suspension order.
Whether the Tribunal was justified in directing payment of salary for the period the officer was without posting.
Submissions/Arguments
Petitioner (State): The respondent was not suspended; he was only transferred and not given posting due to administrative reasons; no right to salary without actual work.
Respondent: He was kept without posting and salary for months, which amounts to deemed suspension; he is entitled to salary for that period.
Ratio Decidendi
An officer cannot be kept without posting and salary for an extended period without formal suspension; such inaction amounts to deemed suspension and violates principles of natural justice. The officer is entitled to salary for the period he is kept out of work.
Judgment Excerpts
The respondent was selected as Deputy Superintendent of Police on 1st March 1996 and on 30th May 2009, he came to be posted at Chalisgaon, on promotion to the post of Additional Superintendent of Police.
On the basis of a private complaint filed by Dr.Uttam Mahajan against the petitioner and on preliminary investigation, C.R. No.145 of 2009 came to be registered against him for the offences punishable under Section 347, 364A, 385 and 504 r/w Section 34 of the Indian Penal Code on 16th July 2009.
Immediately, on the next day i.e. on 17th July 2009 he came to be transferred from Chalisgaon but he was not given any posting.
He waited for few months for the posting orders during which period he was not paid his salary and, therefore, as a last resort he filed Original Application No.24 of 2010 before the Tribunal.
Procedural History
The respondent filed OA 24/2010 before the Tribunal seeking posting and salary. Tribunal directed posting within a week on 11/01/2010. State filed WP 540/2010 which was withdrawn on 11/02/2010 with liberty to pursue review. Respondent filed Contempt Petition 11/2010. State issued posting order on 06/03/2010 with deemed charge from 27/01/2010 and salary from that date. Contempt disposed on 09/03/2010. Respondent then filed OA 335/2010 seeking salary from July 2009 to January 2010. Tribunal allowed OA on 18/08/2010. State filed present WP 7643/2010 challenging that order.
Acts & Sections
- Indian Penal Code, 1860: 347, 364A, 385, 504, 34
