made a representation to the department to pass an
order under FR. 54 for payment of full pay and allowances
for the period of suspension ... order of compulsory retirement, and seeking directions
in terms of FR 54 for payment of full pay and allowances for
the period of suspension
PASSING THE STATUTORY ORDERS AFTER
REVOCATION OF SUSPENSION & REINSTATEMENT
UNDER FR 54-B (1) (a) (b):
9(i). First contention of Learned Senior Counsel ... secondly, for treating
suspension period as duty period in terms of FR 54-B[1].
The action of the Competent Authority-Respondent
spend on duty in pursuance of the
provision of FR 54-B sub-rule(5). His reply should reach the
undersigned within 7(seven) days ... spend on duty in pursuance
of the Provision of FR 54-B sub-rule(5) vide this office memo of even number
dated
account of
dismissal in term of Fundamental Rule 54 & FR 54-B is
illegal, arbitrary, & a capricious besides being violative of
Article ... Allowances & other Fringe
Benefits immediately in terms of FR 54 with appropriate
interest from the date of Entitlement.
4. That this
DIGP,
Group Centre, as the same was issued in violation of FR 54-
A(1),(ii) and (3) of the Fundamental Rules and to direct ... CRPF, as the same was issued in
violation of FR 54-A(1),(ii) and (3) of the Fundamental Rules
and to direct the respondents
intervening period from the date of dismissal and
pay wages under FR 54 (A) (3).
Pursuant thereto; the Commandant has passed the
order ... date of reinstatement was regularized as duty for
all purpose under FR 54 (A) (3).
6. Thereafter, on 21.05.2011 petitioner was put on
show cause
appeal should be treated as
unjustified for the purpose of FR 54-A." It was further argued that as
per provisions made ... cause must be followed and
also, the scope and efficacy of FR 54 was well defined in the
aforesaid ratio. For the sake of clarity
cannot be treated as spent on duty under FR 54 (5)
being acquittal on procedural grounds and not on merits.
3.7 Aggrieved by the order ... useful to bring out the Rule position in terms of FR 54,
relevant for our purpose, which reads thus:
14 OA No. 4383/2017
Constitution of
India and also violative of FR 54-A(3).
3. The challenge in the other case i.e. OA No. 366/2020 ... case, relevant clauses of
FR-54A are extracted hereunder.
Sub-Rule 1, 2, 3 & 5 of FR 54-A read as under:
"FR
Constitution of
India and also violative of FR 54-A(3).
3. The challenge in the other case i.e. OA No. 366/2020 ... case, relevant clauses of
FR-54A are extracted hereunder.
Sub-Rule 1, 2, 3 & 5 of FR 54-A read as under:
"FR