ANISH GUPTA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) The short issue that arises for consideration in the present petition assailing the order dated 22.04.2016 passed in O.A. No. 1395/2016 is whether the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal'), was justified in requiring the petitioner to await the outcome of the enquiry proceedings for the purpose of determining as to how the period of his suspension should be treated for the purposes of his pay and allowances, and, whether the said period of suspension should be treated as spent on duty, or not.

(2.) The petitioner was placed under suspension on 21.08.2013. His suspension was revoked w.e.f. 12.02.2015 vide order dated 17.02.2015. He was, thereafter, issued a major penalty charge-sheet on 16.07.2015. The proceedings are still under-way.

(3.) The grievance of the petitioner is that the Government had failed to pass an order in terms of Rule 54-B of the Fundamental Rules (FR) when he approached the Tribunal with this grievance, as aforesaid, the Tribunal asked the petitioner to await the outcome of the disciplinary proceedings.