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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Member Secretary, State Pollution Control Board, Odisha, BBSR – Appellant
Versus
Laxmidhar Pal – Respondent
| Table of Content |
|---|
| 1. initial case details and procedural history. (Para 1) |
| 2. arguments surrounding the employee's eligibility for benefits. (Para 2) |
| 3. court's analysis on suspension and legal context. (Para 3) |
| 4. conclusion on appeal outcome and future prospects. (Para 4) |
JUDGMENT :
PER DIXIT KRISHNA SHRIPAD, J :
This Intra-Court Appeal is directed against a learned Single Judge’s order dated 17.09.2025, whereby Respondent-employee’s W.P.(C) No.23367 of 2023 having been favoured, the relief has been accorded in the following words:
“7. Having heard learned counsel appearing for the Parties, considering the submissions made and placing reliance on the provisions contained under Regulation-21 of the aforesaid regulation, it is the view of this Court that, release of the benefit for the period an employee remains under suspension can be withheld on three different eventualities. Since admittedly Petitioner has already been released from detention and thereafter he was allowed to join, as per the considered view of this Court Regulation-21 is not a bar to regularize the period of suspension and extend the benefit as due and admissible.
7.1. Therefore, this Court while disposing the Writ Petiti
An employee under suspension due to a pending criminal case cannot claim regularization of that suspension period until the case is resolved in their favor.
Acquittal in prior criminal proceedings necessitates regularization of suspension period as duty, regardless of subsequent charges.
The court ruled that the suspension period cannot be regularized for pension benefits without a specific order from the Disciplinary Authority, especially when there is significant delay in seeking s....
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.
An acquitted employee is entitled to have their suspension period treated as on duty, and authorities must provide reasoned orders in compliance with natural justice.
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