SURESH KUMAR KURVE Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition challenging part of order dtd. 16/5/2019 by which decision in respect of period of suspension and benefits to be granted during such period is kept in abeyance till decision in pending criminal case against petitioner is taken on its merit.

(2.) Counsel appearing for petitioner relied on Rules 24 and 54-B (1) of Fundamental Rules which are quoted as under:- AFR W.P. No.15544/2021 "24. An increment shall ordinarily be drawn as a matter of course unless it is withheld. 54-B (1). When a Government servant who has been suspended is re-instated or would have been so re-instated but for his retirement on superannuation while under suspension, the authority competent to order re-instatement shall consider and make specific order-

(3.) On strength of aforesaid Fundamental Rules, counsel for petitioner submitted that there is no provision to withhold the increments during period of suspension as same would amount to penalty without there being any decision on the guilt of an employee.