Payment and increment after revoked of suspension

Syed Tarik Raj (Querist) 05 February 2013 This query is : Resolved
Sir
Sir I am working at Institute of Bioresources and Sustainable Development (IBSD), Imphal, Manipur under Dept of Biotechnology, Govt of India as a Store Keeper. I was suspended from the said post on 23rd May, 2012 as I was in the custody for more than 48 hours in connection to the lost of cheque from the cashier custody and the cheque was enchased. I was released on bail on 29th May, 2012 and the police is saying that they are investigating the case till today. When I got bail the judge say that I was arrested on suspicious ground and now the police is also saying that I was arrested on suspicious ground. Till toady they are not putting up any charge sheet against me.
In this connection please help me -

1. In this connection an FIR [ No. 73(4)2012LPS u/s 420/468/120-B/34-IPC] also launch. So for revocation of my suspension is there any rule saying that first an FIR is to be closed?
2. My Suspension was revoked by an officer dated 20th December, 2012. But the order was received on 28th January, 2013. Till today the FIR is not closed nor the police frame any chargesheet.
In this connection I want to know that:-
whether I am entitled to get all the due salary from the very date of my suspension (without any deduction like SDA, TA, Addl TA etc). Is there any rule saying that full salary/payment is to be made without any deduction if so please tell the quote/rules/clause. Or else there will be some deduction from my salary/payment like SDA/SCA, TA, Addl TA etc etc., I will be very thankful to you if sir kindly help me in this regard. I will be eagerly waiting for your kind reply.

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Guest (Expert) 05 February 2013
Mere revokation of suspension would not entitle you for your increments on due dates.

Suspension, unless treated as duty for all purposes by issue of a formal order by the competent authority, would tend to postpone increment. All the dues can be drawn only after you are exonerated of the charge and the suspension period is treated as duty for all purposes.

So, first concentrate on your case to fight vigorously, as and when the charge sheet is filed in the court of law, and get yourself exonerated of the charge.

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Syed Tarik Raj (Querist) 05 February 2013
Thank you sir. But Sir please tell me the maximum time period for putting up the charge sheet by the police. It had already completed more than eight months as on date. Also please help me if the charge sheet is not put up for more than one/two years then what I have to do. Till then whether my increment will be put on hold. Now my due salary is prepared but the officer is tell me that SDA/SCA may be deducted. Is there any rule for this deduction. Please guide me.

Guest (Expert) 05 February 2013
Can't say till what period the police continues its investigation. You may try to call for the information from the police through RTI.

Sudhir Kumar, Advocate (Expert) 09 February 2013
do no mix up increment with chargehseet.

You will get increments on completion of one years qualifying service. If the period of suspension is ordered as duty then increment will be from original date or else one year including the period between last increment nad suspension.