SURESH PAUL SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. P. K. Tiwari, learned counsel appearing for the Review Applicant. Also heard Mr. A. C. Buragohain, learned standing counsel for the CBI.

(2.) THIS application is filed to seek review of the declaration made in paragraph 36 of the judgment and order dated 24. 07. 07 passed by this Court in W. P. (C) No. 4888/05, whereby, this Court held that as the petitioner had not rendered service during his suspension period, will not be entitled to any back wages but would only be entitled to arrear subsistence allowance.

(3.) THE learned counsel refers to the provisions of FR 54-B which requires the authorities to consider and make a specific order regarding the pay and allowances payable to a reinstated Government servant, after his suspension. Mr. Tiwari draws attention of the Court to the office order No. 6/07 dated 17. 11. 07 passed by the D. I. G. , CBI and points out from the said order that only because of the paragraph 36 declaration made by the Court, the CBI authorities without making any consideration on merit under FR 54-B, has ordered that the petitioner will not be entitled to back wages. In fact in the said order dated 17. 11. 07 it has been further held, that the "period under suspension will not be considered as spent on duty.