Can a suspension period be regularized when an enquiry is abated?

Raghuram reddy (Querist) 11 February 2014 This query is : Resolved
Sir
My father is a AP State government employee who was suspended under miss of operation and he was suspended
Now he is no more but the enquire is pending while he is live and the case was abated by the district court as the person is expired
Now I want to know is there a provision, rule, where my father suspension period can be regularized and be treated as duty period
If yes please let me know under which rule/section it can be done and how to processed

Note :case is in pending in both departmental enquiry and honorable district court judgment is pending while he is live and case which is pending at court has been abated

Thanking you

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Sudhir Kumar, Advocate Online

(Expert) 11 February 2014
the suspension could not result in major penalty hence needs to be regularised as on duty

Raghuram reddy (Querist) 11 February 2014
sir
Thanks for your reply
i would request please guide me the process to approach government in this matter

please help...

Advocate. Arunagiri (Expert) 11 February 2014
Abatement is different from acquittal.

If at all your father got acquitted, his suspended period would have been regularized.

Raghuram reddy (Querist) 11 February 2014
sir the case abated as my father is expired

Sudhir Kumar, Advocate Online

(Expert) 12 February 2014
when nothing could be proved during life of the accused then he is as good as acquitted .

Raghuram reddy (Querist) 12 February 2014
Sudhir sir

Thanks for your reply

with your reply i understood that it is possible as per law

now i put up a letter to state govt in case there is no reply or solution given by the officials do you suggest to approach or processed legally

Sudhir Kumar, Advocate Online

(Expert) 12 February 2014
Move to High Court/SAT as applicable. Met an advocate.

Guest (Expert) 12 February 2014
There is a lot of difference between abatement and exoneration from the charge. Suspension can be treated as duty only on exoneration from the charge. So, I doubt even if the court would order for treatment of suspension period as duty when the case had to be put to end only due to the death of the delinquent.

Question arises, what for you want to get the period treated as duty, whether to claim difference of amount of duty pay and subsuistence allowance? Family pension and gratuity to the family would not get affected by his death.

Rajendra K Goyal (Expert) 12 February 2014
Agree with the expert PS Dhingra ji.

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