BRIJ LAL BUNDEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition by a former member of the Rajasthan Higher Judicial Service (RHJS) has been filed for quashing the punishment of censure awarded to the petitioner vide order No. Estt. (RJS)/06/98 dated 7. 1. 1998. The petitioner has sought number of other reliefs too including quashing of the resolution dated 6. 1. 1995 by which the Full court was made the Disciplinary Authority, direction to pay him full pay and allowances for the suspension period and release of annual grade increment becoming due during the suspension period, and grant of selection grade scale of RHJS from the date his juniors were allowed the scale.

(2.) ORDERS were passed after filing of the writ petition in terms of which petitioner's suspension period from 4. 12. 1992 to 2. 8. 1993 was regularized vide order dated 28. 2. 2000, and the period was treated as spent on duty but only for the purpose of pension, and he was not allowed the pay and allowances except the subsistence allowance already drawn by him during the suspension period. The pay of the petitioner was also revised vide order dated 4. 5. 2000 in the scale of Rs. 16400-450-20000 and his pay was fixed at Rs. 17300/- as on 1. 9. 1996 as per the Rajasthan Civil Services (Revised Pay Scale) Rules, 1998. However he was compulsorily retired from service vide order dated 9. 11. 2000.

(3.) WE now come to the question as to whether the petitioner is entitled to full pay and allowances only because a minor punishment was awarded to him. The claim of the petitioner in this regard is wholly misconceived and contrary to express provisions of rule 54 of the Rajasthan Service Rules. Rule 54 at this stage may be quoted as it stood at the relevant time, as under:- " Re-instatement- (1) When a Government servant who has been dismissed, removed, compulsory retired or suspended is re- instated or would have been re-instated but for his retirement on superannuation while under suspension, the authority competent to order the re-instatement shall consider and make a specific order:- (a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty or for the period of suspension ending with the date of his retirement on superannuation as the case may be; and (b) whether or not the said period shall be treated as a period spend on duty. (2) Where such competent authority holds that the Government Servant has been fully exonerated or, in the case of suspension that it was wholly unjustified, the Government servant shall be given the full pay and dearness allowance to which he would have been entitled had he not been dismissed, removed or compulsory retired as a penalty or suspended, as the case may be. (3) In other cases, the Government servant shall be given such proportion of such pay and dearness allowance as such competent authority may prescribe. (4) In a case falling under clause (2) the period of absence from duty shall be treated as a period spent on duty for all purposes. (5) In a case falling under clause (3) the period of absence from duty shall not be treated as period on duty unless such that it shall be so treated for any specified purpose: (6) Any payment made under this rule to a Government servant on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment, business profession or vocation during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement, where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment, business, profession or vocation during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of restatement, where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment, business, profession or vocation elsewhere, nothing shall be paid to the Government servant. Note:- The order of the competent authority regarding the treatment of the period of absence from duty passed under this proviso is absolute and no higher sanction would be necessary for the grant of extra-ordinary leave in excess of three months in so far as temporary Government servant are concerned. Provided that if the Government so desires, such authority may directed that the period of absence from duty shall be converted into leave of any kind due and admissible to the Government servant. "