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VAIBHAVI D. NANAVATI
Bipinchandra H. Gohil – Appellant
Versus
Commissioner – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. Heard Mr.B.B. Naik, learned Senior Counsel appearing with Mr.Parthiv Bhatt, learned advocate for the petitioner, Ms.Pooja Ashar, learned A.G.P. for the respondent no.1 and Ms.Dimple Thaker, learned advocate for the respondent no.2.
2. By way of the present petition, the petitioner herein has challenged the order dated 25.09.2006 passed by the respondent no.2, which is duly produced at Annexure-D, whereby, the suspension of the petitioner was withdrawn and the petitioner was allowed to resume his duties with the respondent no.2 – board upon five conditions, which are at page 38 i.e. (i) The amount of Rs.157.27 ps. to be recovered from the petitioner. (ii) Since the petitioner was not present at the head-quarters during suspension period, it is not necessary to pay him subsistence allowance. (iii) The period of suspension is to be treated as suspension period. (iv) When the petitioner was suspended, he was in the pay-scale of Rs.950-1500 and, therefore, he is to be allowed to resume duties and to be posted in the same pay-scale and (v) Pending suspension, criminal complaint was filed against the petitioner for misappropriation of the amount at Vav
The authority has discretion under Rule 152 of the Gujarat Civil Services Rules to determine whether a suspension period should be treated as a period spent on duty, especially when acquittal is on b....
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
The court affirmed that a suspension order can be validly extended and that an employee may waive rights to challenge such orders pending disciplinary proceedings.
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....
The main legal point established is that a suspension order must be reviewed within 90 days as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and failure to do so ma....
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....
The court upheld the disciplinary authority's decision, confirming adherence to natural justice principles and justifying the proceedings against the petitioner.
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