REVAGIRI RAMGARI GOSAI Vs. DISTRICT PANCHAYAT KUTCH

JUDGEMENT

(1.) A short question which is, in focus, in this petition under Article 226 of Constitution of India is, for the relief seeking direction against respondent panchayat to consider the period of suspension from, 17/9/1980 to 20/9/1990, as period spent on duty and to make payment towards full pay and allowances for the aforesaid entire period with interest at the rate of 18% from 20/9/1990 the date on which the petitioner came to be reinstated after unsuccessful criminal prosecution initiated against him, as early as, in November, 1979.

(2.) After having heard learned advocate Mr.Hathi and since none appeared for and on behalf of the respondent authority, at the time of final hearing and considering the entire factual conspectus, emerging from the record of this petition following aspects have remained unquestionable.

(3.) The Rule 152 of the Bombay Civil Services Rules, 1959, read with Rule Gujarat Panchayat Services (Discipline and Appeal) Rules, 1964, it is incumbent upon the employer to pass appropriate order in the light of the facts objectively in the event of revocation of suspension order as to how the period of suspension be treated. It will be, therefore, important to refer Rule 152 which read here as under: 152.