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Date of Judgment(s) |
: 2014-04-02 |
Judge Name |
: Rajiv Shakdher |
Subject |
: Service Law |
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Case Note :
Needless to say, the competent authority will now only examine as to whether the petitioner should get full pay and allowances for the suspension period, and not, revisit its order which, inter alia, directs reinstatement of the petitioner and reg..
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Needless to say, the competent authority will now only examine as to whether the petitioner should get full pay and allowances for the suspension period, and not, revisit its order which, inter alia, directs reinstatement of the petitioner and regularization of the said period, for the purposes of pensionary benefits. 12. The competent authority before passing the order would issue notice to the petitioner calling upon him as to whether he would want to have a say in the matter. After hearing the petitioner, the competent authority will be free to pass an order; albeit in accordance with law. Since the acquittal of the petitioner took place as far back as in 2009, the competent authority would expedite the hearing in the matter and pass an appropriate order in the matter. 13. The writ petition is thus allowed, in the aforesaid terms. The necessary consequences of this would be that order dated 04.04.2011 will also fall by the wayside. The said order, is also, accordingly, quashed.
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