petitioner into service with a
condition that salary and other service benefits viz.,
salary, increments, seniority and other service
benefits that would accrue to other ... Society is responsible for
payment of all service benefits to the petitioner who is
placed under suspension on the ground that no prior
permission
that since there is reinstatement of
the respondent into service, there is continuity in service
and the said period between the date of compulsory
retirement ... date of reinstatement
must be construed to be as being in suspension from
service and if that is so, the respondent is entitled to
subsistence
having rendered his
service as Junior Assistant, he was promoted on
28.8.1998 as Senior Assistant. While he was
rendering his service as Senior Assistant ... opportunity of
hearing before passing the order of suspension. In
spite of having such illegal suspension, he
honestly tolerated as an employee of the bank
paid 50% of the back
wages from the date of termination of service
till reinstatement.
14. The other judgment relied on by the
learned counsel ... kept out of service due to a
mistake. He was not kept out of service on
account of suspension, as wrongly recorded by
the High
this regard. It is stated
that the petitioner has been kept under suspension from
08.03.2019 till today which is illegal. It is further stated
that ... quash the
continuation of his suspension beyond three months from
the date of suspension and a direction for payment of full
subsistence allowance
read as communication of
the deemed suspension.
6. As regards the legality of a rule
providing for deemed suspension, the Full
Bench ... dismissal,
removal or compulsory retirement
from service being set aside, stands
suspended only if he had been
under suspension earlier, sub-rule
(4) provides
removed or compulsorily
retired from service, who is deemed to have been
placed or to continue to be under suspension
from the date of such ... should be
reinstated in service if the investigation is
not completed within 6 months from the
date of suspension. In such a case
order of
suspension, but where suspension order is passed under
Rule 34 (2) of the Rules, even though the order of
suspension is passed subsequent ... suspension would be necessary to give effect to
16
statutory deemed suspension. In other words, the order of
suspension recognizes the statutory deemed suspension
placed under suspension
by an order dated 08.01.2013 and subsequently, on
conducting a domestic enquiry, he was dismissed from
service on 21.07.2014, which is challenged ... which he was placed
under suspension, till 21.07.2014 i.e., the date of
which he was dismissed from service. It is this order
that
against the
petitioner, who was also under suspension. She
submitted that the petitioner was under deemed
suspension with effect from 01.09.2018 on account ... made when the officer is under
suspension, therefore, the suspension order was
revoked. The petitioner was reinstated in service.
Subsequently, a decision has been taken
