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SUMATHI JAGADAM
M. Bullaiah – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
SUMATHI JAGADAM, J.
1. This writ petition is filed to declare Memo No. 6841/Vig-I/A2/2009-23, dated 25.03.2021, issued by the 1st respondent treating the suspension period of the petitioner as ‘not on duty’ as illegal and arbitrary and, consequently, to direct the respondents to regularize the suspension period of the petitioner from 23.03.2009 to 20.04.2010 as ‘on duty’ with full pay and other allowances in terms of the proviso of sub-rule (5) of Rule 54-B of the Fundamental Rules.
2. Petitioner was appointed as Assistant Executive Engineer vide proceedings No. RC/ENC/D.4/48687/85-390 dated 21.12.1985 issued by the Engineer-in-Chief, AW, Hyderabad, and he reported to duty on 23.01.1986. Subsequently, he was promoted to the post of Deputy Executive Engineer and later retired from service on attaining the age of superannuation on 30.06.2021.
3. While the petitioner was working as Deputy Executive Engineer, Special Minor Irrigation Division, Polavaram, West Godavari District, ACB trap was registered against him. The petitioner was arrested on 23.03.2009 and kept under suspension. The petitioner was reinstated into service vide G.O.Rt. No. 312, I&CAD [IW: Services-VI(I)] Depart
The court ruled that a government servant's suspension period must be treated as on duty with full pay if acquitted of charges and if disciplinary proceedings result in a minor penalty.
The duty of the competent authority to consider and pass specific orders regarding pay, allowances, and the treatment of the suspension period as duty, and the principles of natural justice in afford....
An acquittal does not automatically dictate salary payment during suspension; the competent authority must evaluate if the suspension was wholly unjustified.
The main legal point established in the judgment is the application of rule 54-B of the Fundamental Rules and the discretion of the Disciplinary Authority in justifying a suspension and determining e....
Point of Law : It is settled principle of law that mere filing of an appeal or pendency of appeal is not a bar for passing orders on treating suspension period as on duty for all purposes.
An acquitted employee is entitled to have their suspension period treated as on duty, and authorities must provide reasoned orders in compliance with natural justice.
The competent authority has the power to grant full pay and allowances for the period of suspension if it is of the opinion that the suspension was wholly unjustified.
Suspension from service - Allowances - Time passed on leave of all kinds with allowances shall not count as qualifying service, except the period of Leave Without Allowances availed of under Rule 88,....
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