Excelsior Correspondent
JAMMU, Nov 25: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur has held that if a delinquent official is exonerated from the charge(s) following completion of enquiry the period of suspension should be regularized.
This significant direction has been passed in LPA filed by NHPC against the order of Single Judge whereby Writ Court allowed the petition filed by the 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 period of suspension.
After hearing ASGI Sindu Sharma, DB held: “If a delinquent official is exonerated from the charge or charges, the period of suspension should be regularized as he was on duty for all purposes and he is entitled to get full salary”, adding “if delinquent official is imposed with any punishment based on the enquiry report wherein the charge is proved then only the discretion is vested with the authority to treat the period of suspension other than the period of duty with all benefits”.
“It is true that in the criminal case, acquittal of the respondent was due for want of evidence. Even before the acquittal in the criminal case, the appellants conducted enquiry by constituting an enquiry committee for the very same allegations and there was no finding of guilt recorded by the enquiry committee”, the DB said, adding “it is not the case of the appellants that the findings of the enquiry committee were 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 absence of such 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”, the DB further said.
With these observations, Division Bench dismissed the appeal filed by the NHPC.
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