M. L. SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner has assailed the validity of the order dated 13-12-2000 passed by the Collector, Raigarh and confirmed by the Commissioner, Bilaspur Division on 27-6-2001, whereby after imposing minor penalty of 'censure' and reinstating the petitioner from suspension, it has been directed that for the period during which he remained under suspension, he shall only be entitled to subsistence allowance and no other monetary benefits shall accrue to him. However, the said period of suspension shall be treated to be in service.

(2.) IT has been argued by learned counsel for the petitioner that no regular departmental enquiry was held after his suspension and merely after seeking his reply on the charges, the order imposing minor penalty was passed and at the same time his salary for the period of suspension has been withheld in an illegal and arbitrary manner. Referring to FR-54 and 54-A, learned counsel would submit that once the employee is reinstated in service without holding any departmental enquiry, he is entitled for full salary for/the period of suspension.

(3.) A short question needs consideration in this writ petition is whether an employee against whom a departmental enquiry was constituted, but in fact, no departmental enquiry was conducted for imposing any major penalty but after seeking reply enquiry was terminated by imposing minor penalty and at the same time withheld his salary for the period of suspension and whether such method of imposing penalty is permissible under the law.