Suspension Period Cannot Be Treated ‘Wholly Unjustified’ In Case Of Partial Exoneration
Case: Narendrasinh Dosabhai Gohil V/S Managing Director & 2 Other(S)
Coram: Justice Biren Vaishnav
Case No.: C/SCA/1027/2019
Court Observation: “Only when an employee is partially exonerated, would the authority need to decide the question of whether the suspension can be treated to be wholly unjustified and whether he should therefore be given such proportion of pay and allowance as the competent authority would prescribe by a specific order…Here is a case where on a charge-sheet being issued, the order of penalty was passed. Obviously therefore not exonerating the petitioner from the charge. It was therefore, within the right of the employer to treat the period of suspension as such reinstating the petitioner in service with a condition that orders of regularization of suspension is kept in abeyance.”
“Here is a case where the petitioner was imposed a penalty which was commensurate with the conduct on the charge being proved and the suspension therefore could not have been treated as wholly unjustified when read in light of the Regulation 241.”
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