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On exoneration from charges, suspension period should be regularised: HC 11/25/2015 11:07:56 PM Early Times Report Jammu, Nov 25: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur held that if a delinquent official is exonerated from charges, the period of suspension should be regularized as he was on duty for all purposes and is entitled to get full salary. And, if the delinquent official is imposed with any punishment based on the inquiry report wherein the charge is proved, the discretion is vested with the authority to treat the period of suspension other than the period of duty with all benefits, the bench said. The court directive came in a LPA filed by NHPC against the order of a Single Judge whereby the writ court had allowed the petition filed by Kishore Kumar, seeking to quash the order treating the suspension period as punishment by specifically stating that he will not be allowed to full pay for the said period. The bench said it was true that in a criminal case, acquittal of the respondent was due to want of evidence. Even before the acquittal, the appellants conducted probe by constituting an inquiry committee and there was no finding of guilt recorded by the committee. It is not the case of the appellants that the findings of the inquiry committee differed and further proceedings were initiated by issuing a notice regarding the differing view and calling for the objections and thereafter deciding the issue. In the absence of such a procedure having been followed, it is not open to the appellants to say that subsistence allowance paid for the suspension period is enough and the punishment can be inflicted by not paying remaining salary minus suspension allowance and holds that if a delinquent official is exonerated from the charges, the period of suspension should be regularised as he was on duty for all purposes and he is entitled to get full salary and if delinquent official is imposed with any punishment based on the inquiry report wherein the charge is proved, the discretion is vested with the authority to treat the period of suspension other than the period of duty with all benefits. With these observations, the bench dismissed the appeal filed by NHPC.   Share This News with Your Friends on Social Network     Comment on this Story

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