JUDGMENT

Najmi Waziri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. This appeal impugns the order of the learned Single Judge dated 17.09.2013 passed in W.P. (C) 197/2012 directing the appellant to pay the entire salary along with interest @ 5% per annum from the date from which the amounts were actually payable. The respondent was issued a suspension notice on 29.09.2010, it was guided by the CCS Rules but the said Rules were yet to be adopted by the appellant/employer.

2. Other than the aforesaid "guidance", there is nothing on the record to show under which rules the suspension was made. The respondent/employee was being paid 50% of the subsistence allowance. Subsequently, the appellant adopted the CCS Rules on 20.06.2011. It provides that within 90 days of the suspension order, the Suspension Review Committee is to look into and to review the matter and take a decision apropos continuance or dismissal of the continuance. No such review was done. Logically, then continuation of the suspension beyond 90 days was without authority. The respondent/employee has superannuated on 31.10.2011.

3. The impugned order has reasoned inter a