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1 - 7 of 7 (0.16 seconds)Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
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).
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