Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Service Rules 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Service Rules, 1951 – r. 54 – Scope and purport of – Held: Whenever there is reinstatement in the circumstances attracting r. 54, the authority is to pass a specific order relating to the pay and allowances to be paid and also as to whether the period of such absence is being treated as period spent on duty – Where the employee is not fully exonerated and therefore is governed by r. 54(3), then the period of absence is not to be treated as duty unless the authority specifically directs that it shall be duty for any specified purpose – Further, proviso to r. 54(5) contemplates that it is open to the Government to direct that the period of absence shall be converted into leave of any kind due and admissible for Government servant – In the present case, the respondents have not been fully exonerated as such – This would take their case outside the four walls of r. 54(2) – Their suspension may not fall in the category of unjustified suspension – This would bring their cases within the scope of r. 54(3) which means that the exact amount of pay and allowances to be paid is to be less than the full pay and allowances – However, this exercise can be done only after notice to the employee which was not done but, to remit it back for this purpose would be inequitable – On facts, the respondents be paid pay and allowances fixed at 50 % of the pay and allowances which they would have drawn for the period of their absence – Principles of Natural Justice – Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 – r. 34 – Punjab Civil Services Rules – Service Law.Service Law – Rajasthan Service Rules, 1951 – r. 54 – Principles of natural justice – Observance of – Held: The employee must be given an opportunity before any order is passed – Even u/ r. 54, the position is the same – Observance of principles of nature justice is of cardinal importance for the employee whose very life will be at stake for he would on the one hand if he is heard get an opportunity to pursuade the competent authority that his case would fall under r. 54(2) and not under r. 54(3) – Denial of opportunity can have very serious consequences. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 333 |
Petitioner | State Of Rajasthan & Anr. |
Respondent | Mangat Lal Sidana |
SCR | [2022] 14 S.C.R. 765 |
Judgement Date | 2022-03-23 |
Case Number | 2386 |
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