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Supreme Court of India 2022-03-23 partly_allowed

State of Rajasthan & Anr vs Mangat Lal Sidana

Bench: 2 — K.M. Joseph

In Brief

The Supreme Court addressed the rights of two Assistant Engineers suspended during disciplinary proceedings and later penalized with compulsory retirement and withholding of increments, which were subsequently reduced to censure. The Court clarified that Rule 54 of the Rajasthan Service Rules distinguishes between full exoneration (entitling full pay and allowances) and non-exoneration (entitling only a prescribed proportion). Since both respondents faced penalties, they were not fully exonerated and fell within the proportional category. Although no notice was given before the pay order, remitting the case back would be inequitable given their advanced age. The Court directed payment of 50% of the pay and allowances they would have drawn during the suspension period.

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