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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
State Of Kerala, Represented By The Secretary To Government, General Education Department – Appellant
Versus
Rosily M. P. – Respondent
JUDGMENT :
(A. Muhamed Mustaque, J.)
The State has filed this original petition challenging an order issued by the Kerala Administrative Tribunal. The primary issue addressed by the Tribunal is whether the respondent, a government employee, is entitled to receive full pay and allowances for the duration of her suspension from service. The period in question spans from October 2, 1998, to January 15, 2006.
2. The respondent, while working as a Physical Education Teacher was arrested by Police on registration of a criminal case. The arrest was made on 02/10/1998. Following the arrest, the respondent was placed under suspension. She was acquitted on the benefit of doubt vide judgment of the Sessions Court on 20/06/2005. Thereafter, the respondent was reinstated in service on 16/01/2006. The period of suspension till reinstatement is the subject matter of the dispute. The respondent claimed full pay and allowances. That was rejected by the Government referring to Rule 56B(3) of Part I of Kerala Service Rules, 1956 (KSR). The Government regularised the above period as a duty for all purposes except for pay and allowance.
3. There were no disciplinary proceedings. The question in this ca
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 disciplinary authority must justify the necessity of suspension; otherwise, the officer is entitled to full pay and allowances during the suspension period.
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 competent authority has the power to grant full pay and allowances for the period of suspension if it is of the opinion that the suspension was wholly unjustified.
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....
Suspension from service - Allowances - Time passed on leave of all kinds with allowances shall not count as qualifying service, except the period of Leave Without Allowances availed of under Rule 88,....
Full pay and benefits are only warranted upon exoneration of an employee reinstated after suspension if the acquittal is deemed honorable, distinguishing between full reinstatement and limited pensio....
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