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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
R. Prabhakar – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard Sri R.Prabhakar, party-in-person/petitioner and the learned Government Pleader for Services-V, appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
“...Under these circumstances, it is just and necessary in the interest of justice that this Hon’ble High Court may be pleased to issue a Writ, Order or directions more particularly one in the nature of Writ Mandamus declaring the entire action of the respondents particularly the entire action of the 1st respondent in rejecting the request of the petitioner and treating the suspension period as on duty under FR-54(B)(3) and in issuing the present impugned Memo No. 2238/SCD.Vig /2021 dt. 15-03-2022, wherein treating the suspension period not on duty by quoting FR-54(B) (7), instead of treating the suspension period as on duty under FR 54-B(3), despite of clean acquittal/discharge from the criminal proceedings initiated in CC No. 61 of 2015 in Crime No 15/ACB-WRL/2012 in Crl.RC.No.29/2020 dt. 18-05-2020 of this Hon’ble Court on considering the material on record, this court is of the view that no prima facie case is made out against the petitioner (the Hon’ble Court made it ver
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.
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....
An acquittal does not automatically dictate salary payment during suspension; the competent authority must evaluate if the suspension was wholly unjustified.
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.
Point of Law : It is settled principle of law that mere filing of an appeal or pendency of appeal is not a bar for passing orders on treating suspension period as on duty for all purposes.
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....
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