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Judgment
Per: Mr.Kumar Rajesh Chandra, Member (A):
Heard learned counsel for both the parties.
Learned counsel for the applicant has fairly submitted that the issue of suspension that was assailed in this particular OA has been rendered infructuous in view of the fact that the applicant has already retired and the suspension order is not effective as on date. So far as the other relief of treating the whole period of suspension till formal order of revocation of suspension as on duty for all purposes including full salary alongwith statutory interest is concerned needs to be decided.
This Tribunal has observed that this relief is consequent upon the decision of the respondent officials in the departmental proceeding and is not the consequence of revocation of suspension.
Learned counsel for applicant has drawn the attention of this Bench to Rule 30(5)(d) & (e) of BSNL Conduct, Discipline And Appeal Rules, 2006 that deals with such situation. Reading of these two provisions clearly lay down the basic principle as to how will the period of suspension be decided if the order of suspension has not gone through the process of examination by the Review Committee.
On the other hand, learned counsel for the respondents has said that this period of suspension will be decided as per the applicable law/rule/procedure.
In view of the submission made by both the parties as well as their consent, now there is nothing substantive in this OA to be adjudicated upon. Accordingly, this OA is disposed of with a Patna direction to the respondent officials to decide the period of suspension as per the applicable law/rule/procedure within a period of 60 days from the date of receipt of copy of this order.
With these directions, the Original Application is disposed of.
There shall be no order as to cost.