RAMNIVAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed seeking quashing of order dtd. 23/2/2024 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal').

(2.) The limited grievance raised and pressed is with regard to setting-aside of the order dtd. 30/6/2022 by the Tribunal, whereby the payment due to the respondent No.1 (hereinafter referred to as 'employee') during suspension period was restricted to the subsistence allowance.

(3.) The brief facts are that at the relevant time the employee while working as Sub Divisional Engineer (SDE), Deoli, District Tonk was caught red-handed, in a trap laid down under the provisions of the Prevention of Corruption Act, 1988 (hereafter 'the PC Act'). During pendency of the investigation, employee was suspended twice from 28/10/2002 to 1/9/2004 and 17/7/2007 to 8/4/2009. The Special Judge (PC Act), Ajmer vide judgment dtd. 26/3/2021 acquitted employee in the PC Act case. There was no disciplinary proceedings initiated against the employee. On 30/6/2022 the Member (Services), Department of Telecommunications, New Delhi passed the order that suspension of the employee was justified and payment of only subsistence allowance be made for suspension period. The employee filed application before the Tribunal with multiple prayers; one was setting-aside order dtd. 30/6/2022 and for issuance of direction that the period of suspension be treated as on duty for purposes of fixing the pay and allowances. The OA was partly allowed. The prayer for setting-aside the order dtd. 30/6/2022 was accepted. Directions were issued to treat the suspension period as on duty and after fixing pay and allowances, arrears be paid. Hence, the present petition.