Case Note & Summary
The Supreme Court allowed the appeal filed by the State of Jharkhand against the judgment of the Division Bench of the High Court of Jharkhand dated 12 April 2017. The respondent, Amresh Narayan Sinha, was a Veterinary Officer whose services were allotted to Jharkhand after the reorganisation of Bihar. Sanction for his prosecution under various sections of the Penal Code and the Prevention of Corruption Act, 1988 was issued on 17 February 2006. He was placed under suspension on 14 March 2012 in contemplation of disciplinary proceedings. The departmental proceedings were held in abeyance pending the criminal trial. On 6 July 2015, the State revoked his suspension. The respondent filed a writ petition seeking full pay and allowances for the suspension period. The learned Single Judge directed the State to take a decision on payment of full salary irrespective of the pending criminal case, which was affirmed by the Division Bench. The High Court relied on Rule 97 of the Jharkhand Service Code, 2001 to hold that upon revocation of suspension, the respondent was entitled to full pay and allowances even though disciplinary proceedings were pending. The Supreme Court held that the High Court misconstrued Rule 97. Sub-rule (1) requires the competent authority to make a specific order regarding pay and allowances upon reinstatement. Sub-rule (2) provides that full pay and allowances are to be given only if the authority concludes that the suspension was wholly unjustified. Since the disciplinary proceedings were pending, the decision on pay and allowances must await the conclusion of the departmental inquiry. The Court noted that under threat of contempt, the State had already paid the entire pay and allowances. The Court directed that such payment shall be subject to the ultimate decision of the competent authority under Rule 97(1) after the disciplinary proceedings conclude. The appeal was allowed, the impugned judgment set aside, and no order as to costs.
Headnote
A) Service Law - Suspension - Reinstatement - Pay and Allowances - Rule 97 of Jharkhand Service Code, 2001 - The High Court misconstrued Rule 97 to hold that full pay and allowances must necessarily follow upon revocation of suspension. The Supreme Court held that the plain language of Rule 97 requires the competent authority to make a specific order regarding pay and allowances only after conclusion of disciplinary proceedings, and full pay is allowed only if suspension is found to be wholly unjustified. (Paras 3-4) B) Service Law - Disciplinary Proceedings - Abeyance Pending Criminal Trial - Rule 97 of Jharkhand Service Code, 2001 - Where disciplinary proceedings are held in abeyance pending criminal trial, the decision on pay and allowances for the suspension period must await the conclusion of the departmental inquiry. The court directed that payments already made shall be subject to the ultimate decision of the competent authority under Rule 97(1). (Paras 4-5)
Issue of Consideration
Whether upon revocation of suspension, a government servant is entitled to full pay and allowances for the suspension period even if disciplinary proceedings are pending and not concluded.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court dated 12 April 2017, and directed that the payment already made to the respondent shall be subject to the ultimate decision of the competent authority in terms of Rule 97(1) after the conclusion of the disciplinary proceedings. No order as to costs.
Law Points
- Rule 97 of Jharkhand Service Code
- 2001
- Suspension
- Reinstatement
- Pay and Allowances
- Disciplinary Proceedings
- Criminal Trial
