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State Of Kerala, Represented By The Secretary, Social Justice Department – Appellant
Versus
Haridasan N. K. , S/O Kandankutty – Respondent
JUDGMENT :
A. Muhamed Mustaque, J.
The short issue in this case is whether the respondent is entitled to full pay and allowances during the period of suspension. The brief facts of this case are as follows:
2. The respondent, while serving as U.D. Clerk, Home for Mentally Deficient Children (HMDC), Kozhikode, was suspended by the proceedings of the Director of Social Justice on 21.11.2013. The suspension was on the ground that the respondent failed to produce the acquittance register and other connected records to the Directorate in order to comply with a direction given by the Kerala Administrative Tribunal. The respondent was served with the memo of charges on 10.03.2014. The enquiry was conducted and thereafter, a minor penalty of censure was imposed on him as per order dated 30.06.2014. This was appealed before the Government by the respondent. The appeal was rejected vide Annexure A6 order dated 27.06.2015. The respondent was reinstated in service on 29.06.2014. In the order passed by the Director of Social Justice while imposing the minor penalty of censure, it was ordered that the suspension period will be regularised as duty for all purposes and limited his claim to subsistenc
The disciplinary authority must justify the necessity of suspension; otherwise, the officer is entitled to full pay and allowances during the suspension period.
A government employee acquitted on the benefit of doubt is not automatically entitled to full pay; entitlement arises only if the employee is 'acquitted of blame' under Rule 57 of the Kerala Service ....
The competent authority must decide on the suspension period; failure to do so entitles the employee to full salary for that period.
The court ruled that a government servant's suspension period must be treated as on duty with full pay if acquitted of charges and if disciplinary proceedings result in a minor penalty.
Suspension of an employee beyond three months without a charge-sheet is unjustified, entitling the employee to arrear salary for the period of unjustified suspension.
The main legal point established in the judgment is the application of rule 54-B of the Fundamental Rules and the discretion of the Disciplinary Authority in justifying a suspension and determining e....
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....
The main legal point established in the judgment is that an employee reinstated after suspension is entitled to full retiral dues and 100% suspension allowance as per the Gujarat Civil Services (Disc....
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