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Supreme Court of India 2019-07-22 allowed

THE STATE OF JHARKHAND vs AMRESH NARAYAN SINHA

Bench: 2 — D.Y. Chandrachud, Indira Banerjee

In Brief

The State of Jharkhand appealed against a High Court judgment directing it to pay a suspended government servant full salary upon revocation of suspension, even though disciplinary proceedings were pending. The Supreme Court held that full pay and allowances are not automatic upon revocation. Under Jharkhand Service Code Rule 97, the competent authority must decide whether the suspension was "wholly unjustified" before awarding full pay. Since disciplinary proceedings had not concluded, the High Court wrongly ordered full payment. The Court allowed the appeal, making any payment already given subject to the authority's final determination after disciplinary proceedings conclude.

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Administrative Law Civil Service Suspension and Reinstatement Government Employee Benefits Disciplinary Proceedings

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