S.N.ANDLEY, P.S.SAFEER
UNION OF INDIA – Appellant
Versus
GIAN SINGH – Respondent
( 1 ) ONE of the interesting questions that has been raised in this appeal is whether a temporary Government servant under suspension whose services are terminated by notice under rule 5 of the Central Civil Services (Temporary Service) Rules, 1949, without any order of reinstatement, can claim full salary for the period of suspension ?
( 2 ) THE respondent filed the suit out of which this appeal arises for recovery of Rs. 8,950. 00 against the appellant. He was an Assistant in the office of the Chief Controller of Imports and Exports and worked as such till November 19, 1953, when he was suspended on account of his arrest in a criminal case. Nothing was done in the criminal case which appears to have been dropped. On January 21, 1958, the appellant issued a notice under rule 5 of the said Rules to the Respondent 1ntimating that the services of the latter were no longer required and that the respondent would be paid one month s salary including allowances in lieu of notice. It is not disputed that one month s full pay and allowances in lieu of the notice were paid to the respondent. During the period of suspension from November 19, 1953, to January 21, 1958, when th
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