RAJARAM GAUD Vs. STATE OF M P

JUDGEMENT

(1.) THE singular question involved in this matter is whether petitioner can be deprived from arrears of salary and other benefits for the period of suspension when admittedly, no punishment was imposed on the petitioner.

(2.) MS Sonali Suryawanshi submits that petitioner was subjected to disciplinary proceeding. It ended with passing of order dated 29.06.2005. No statutory punishment was inflicted on him. However, it is directed in P -1 and P -2 that during the suspension period, petitioner shall not be entitled to any pay and allowance other than the subsistence allowance.

(3.) THE aforesaid point is no more res integra. This Court in a judgment passed in case of Y.S. Sachan Vs. State of M.P. and Others, 2004 1 MPHT 22 which was followed by Division Bench in case of State of M.P. Vs. Shailendra, 2011 ILR(MP) 2315 opined that in such cases, the employee is entitled for full pay and allowances for the period of suspension.