FR-54 A and FR-54 B clearly suggests that these orders could not have any effect so far these provisions are concerned. FR 54 ... FR-54 A and FR-54 B in the Fundamental Rules, these orders have lost their significance and cannot be made applicable. FR 54
that the impugned order does not conform to the requirements of FR 54(4) or FR 54(5); and that he having been prevented from ... whether F.R 54 (1) or F.R.54(5) is applicable to the case of the applicant. Under FR 54(1), in a case
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
Supreme Court, by
wrongly interpreting the provisions of FR 54-B. By virtue of this
O.A., the applicant has sought for the following relief ... Direction to respondents to pass an order under FR 54-B
(3) as the Hon'ble Tribunal the competent authority has
already directed
treated as
period spent on duty for all purposes as per FR 54-A but it has not been
mentioned in the said orders that ... said period is to be further treated in
terms of FR 54-A(3). It is stated that non-mentioning of the appropriate
provision
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
referred
the various judgments and stated that on the basis of FR 54 B
when suspension is revoked at a time and no departmental
Page ... revocation is in violation of provision of sub
Rule (1) of FR 54-B. It is further submitted that period of
suspension of the applicant
contradictory, arbitrary,
and unsupported by any rule under CCS (CCA) Rules, FR 54, or any
Postal Manual provisions. Once the authority has held that ... duty. Learned counsel for the applicant further argued
that under FR 54-B(1), when suspension is revoked without
imposition of a major penalty
