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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK, SANDEEP V.MARNE
Lalchand N. Jumani – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Petitioner has filed the present Petition seeking a direction for treatment of suspension period from 29 November 1986 to 9 May 1990 as duty and for grant of full pay and allowances for the said period.
2. Petitioner joined the services of Municipal Corporation of Greater Mumbai in 1977 as Junior Medical Officer. He was promoted to the post of Medical Officer of Health on 1 January 1980 and was posted in various Wards. He was posted as Medical Officer of Health in ‘S’ Ward in the year 1985. On 20 November 1986, Petitioner was arrested by Anti Corruption Bureau (ACB) alleging demand and acceptance of illegal gratification of Rs.2,000/-. Petitioner was detained in custody and accordingly he was placed under suspension with effect from 29 November 1986. Special Case No. 49 of 1987 was registered against him and chargesheet was filed on 9 October 1987 under Section 161 of the Indian Penal Code (IPC) read with Sections 5(2), 5(1)(d) and 5(1)(a) of Prevention of Corruption Act, 1947. Searches were also carried out in the residence and bank lockers of the Petitioner and it was alleged that the Petitioner possessed assets disproportionate to his known so
Acquittal in bribery case does not automatically entitle suspended employee to full backwages; competent authority may treat suspension as leave, applying 'no work no pay' where prosecution not by em....
Point of Law : Question of back wages would be considered only if the authorities have taken action by way of disciplinary proceedings and the action was found to be unsustainable in law and the empl....
Point of Law : Cause of suspension and initiation of punitive action based on petitioner’s conduct leading to his prosecution were found to be sufficient to hold such suspension to be justified there....
The denial of back wages for the suspension period and the refusal to treat the suspension period as spent on duty were illegal and unjustified.
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.
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