1000 TIT BITS ON DISCIPLINE -112
426. Non attending enquiry due to non payment of subsistence allowance
If inquiry goes exparte due to non payment of salary for the period of non employment, it is denial of reasonable opportunity;
1993 (3) SLJCAT 282 Jodhpur.
427. Treatment of suspension period after finalization of appeal
In case of compulsory retirement removal, dismissal culminating in minor penalty in appeal/revision, analogy of suspension drawn and official entitled for duty pay for period of non employment.
(1990) 14 ATC 185 Hyd.
428. When action initiated for maior penalty ends with a minor penalty, the period of suspension, if any, must be treated as duty.
P.M.Joy X SPOs Alappuzha & Ors. OA No. 545/2000 Ernakulam 13.6.2002.
429. After transfer, when records are seized and when witnesses cannot be influenced, continuing suspension invalid.
(1988) 8ATC 1 New Delhi. (The suspension apprehending tampering records must have been revoked).
430. The period of suspension during which subsistence allowance is paid is to be treated as qualifying service for calculation of pension.
1998 SCC (L&S) 158.
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