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Shri S.P. Naik vs The Board Of Trustees, Mormugao Port ... on 22 February, 1999

4. Learned counsel further contended that when the minor punishment is imposed, the respondents ought to have considered the case of the petitioner for regularization of suspension period under Rule 54(B) of Fundamental Rules treating the suspension period as on duty. But surprisingly the respondents have rejected the case treating the suspension period as not on duty. It is contrary to the observations made by the High Court of Bombay (Goa Bench) in S.P.Naik vs. Board of Trustees, Mormugao Port Trust, Goa and another1 wherein the Court has observed that if any minor penalty is awarded the suspension should be considered in terms of F.R.54(B) and the employee should be paid full pay and allowances for the period of suspension by passing a suitable order. By following the above said observation, the coordinate Bench of this Court has also disposed of the W.P.No.18893 of 2021 by extending the same benefit treating the suspension period as on duty. Accordingly, the petitioner is also entitled to consider his case for regularization of suspension period as per F.R.54(B).
Bombay High Court Cites 4 - Cited by 1 - R K Batta - Full Document
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