9. The rationale, on which sub-rule (3) of FR 54-B
is based, is that during the period of suspension an
employee does not work and, therefore, he is not entitled
1
(2011) 8 SCC 155
10
to any pay unless after the termination of the disciplinary
proceedings or the criminal proceedings the competent
authority is of the opinion that the suspension of the
employee was wholly unjustified. This rationale has been
explained in clear and lucid language by a three-Judge
Bench of this Court in Union of India v. K.V. Jankiraman
[(1991) 4 SCC 109 : 1991 SCC (L&S) 387 : (1993) 23 ATC
322] . At SCC p. 121 in para 26 P.B. Sawant, J., writing
the judgment for the Court in the aforesaid case further
observed: