Regularization of period of suspension - reg.
Vasudevan
(Querist) 29 January 2025
This query is : Resolved
Respected Learned Expert(s), I am a Central Government employee and was under deemed suspension from 03.07.2008 to 30.04.2009 due to a CBI - ACB case. The suspension was revoked on 01.04.2009 without any order on the treatment of suspension as criminal case was pending against me. The criminal case was ended with an order of acquittal on 28.10.2011. However, I was compulsorily retired on 25.01.2017 followed by departmental proceedings. The department has passed an order treating the suspension period as not spent on duty in 2015. The order was challenged by me before the CAT and the CAT has ordered to treat the period of suspension on duty for all purposes. Aggrieved by the order of the CAT, the department has filed a Writ Petition in 2022 and WP was disposed with direction to pass necessary order to regularize the period of suspension, as duty period or on leave or otherwise. The department has now passed an order which read as "shall be be converted into leave of any kind due and admissible as per FR 54-B(7) read with FR 54-B(5)". I had retired on 25.01.2017 itself and my EL and HPL has been enchased. How can the department can now convert the period of suspension into leave of any kind. I request the Learned Experts kindly to clarify whether I am eligible for pay and allowances during the period of suspension and yearly increment arrears. Thanks to all Learned Experts in anticipation.,
T. Kalaiselvan, Advocate
(Expert) 29 January 2025
The court in the writ petition has clearly instructed that the suspension period to be regularised on duty or on leave or otherwise.
If there's no leave to your credit then the department cannot regularise it as leave, they may have to follow the court judgement to treat it as duty or otherwise and to pay you the pay and allowances for the interim period.
kavksatyanarayana
(Expert) 29 January 2025
Yes. As there is no leave, the department has to follow the court order, the department may pass orders under FR54-B " SPENT ON DUTY" or otherwise and you can get allowances for that period.
Dr. J C Vashista
(Expert) 30 January 2025
If you feel aggrieved by the order passed by the department wherein suspension period has been counted for leave, you should approach CAT through your lawyer.
Vasudevan
(Querist) 30 January 2025
Much obliged by the response of the Learned Experts S/Shri T. Kalaiselvan and KAVK Sathyanrayana.
Respected Learned Expert Shri Dr. J.C. Vashista, the order was passed by the department based on the order of Writ Petition disposed by the High Court. Whether, I can challenge the order of the department before the CAT now? Please clarify as I am appearing as Party In-person both before the High Court and CAT.
T. Kalaiselvan, Advocate
(Expert) 30 January 2025
You have already been given relief through an order by high court, that will prevail, hence there is no reason to approach CAT again, if the department is still reluctant to obey the court order then you can think about filing a contempt of court petition against the department
Vasudevan
(Querist) 30 January 2025
Much obliged to Learned Expert Shri T. Kalaiselvan. If I want to file contempt petition, whether I should file before CAT or High Court. Please clarify, as I am appearing as Party In-Person.
