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DELHI HIGH COURT
V.KAMESWAR RAO
T.C. Sivakumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's employment background and suspension basis. (Para 2 , 3) |
| 2. arguments against jurisdiction and procedural validity. (Para 4 , 5 , 6 , 7) |
| 3. defense claims regarding timing and authority. (Para 8 , 9 , 10) |
| 4. court's analysis of provisional pension justification. (Para 11 , 12 , 14) |
| 5. assessment of legality of penalty order and implications. (Para 15 , 16 , 20) |
| 6. final ruling on petitioner's retirement benefits claim. (Para 24) |
JUDGMENT
V. Kameswar Rao, J. (ORAL)--This petition has been filed by the petitioner with the following prayers: -
"In view of the facts and circumstances mentioned herein above and the submissions made, the Petitioner prays that the Hon'ble High Court may be graciously pleased to :
(i) issue rule nisi to the Respondents;
(ii) quash and set aside the Office Order dated 29.05.2020 [Annexure : P-1] and Office Order dated 01.06.2020 [Annexure : P-2] as being without jurisdiction, and also bad and non-est in law;
(iii) consequently, direct Respondent No.4 to release all retiral dues to the Petitioner, including Gratuity, Leave Salary, Commutation of Pension and Pension, forthwith;
(iv) direct that the entire Period of Suspension of the
Failure to specify treatment of suspension period mandates recognition of the period as on-duty, entitling the employee to full salary.
Petitioner having participated in the proceedings and not contested the penalty order passed thereof, cannot now, at a much later point of time, challenge the charge sheet which resulted in the penal....
Minor penalty post-retirement requires treating suspension as duty per DoPT OMs; impugned order set aside for fresh decision.
The main legal point established in the judgment is that the proceedings issued by the High Court were for the purpose of regularization of the petitioner's service and fixation of pension, and not f....
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
An employee acquitted in a criminal case is entitled to salary for the suspension period if no departmental proceedings are initiated, emphasizing the duty of the employer to reconsider suspension cl....
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