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Judgment
This matter is taken up by hybrid mode.
Heard Ms. S. Mohapatra, learned counsel appearing for the petitioner and Mr. S.K. Pattanaik, learned Senior Counsel along with Mr. P.K. Pattanaik, learned counsel for the opposite parties.
The sole question for consideration before this Court is that how the period of suspension is treated as ‘dies non’ by the authority. If the dies non period is break in service, the petitioner is not entitled to get the benefit and if otherwise he may get suspension allowance for the period from 04.10.1999 to 30.03.2008. Learned counsel appearing for the petitioner contended that FR 52 will come to rescue of the petitioner for getting the benefit, which has been strongly refuted by the learned Senior Counsel appearing for the opposite parties, who contended that the petitioner had approached the Tribunal by filing O.A. No.252 of 2017. The Tribunal, vide order dated 27.08.2019, taking into account the fact that the petitioner has retired in the meantime and the disciplinary proceeding has prolonged since 1994-95, instead of remitting the matter back to the disciplinary authority for reconsideration, set aside the part of the order dated 19.10.2010 treating the petitioner’s period of suspension as dies-non and directed the opposite parties not to treat his period of suspension and deemed suspension as qualifying service for the purpose of pension and pensionary benefit to the petitioner.
Learned Senior Counsel appearing for the opposite parties suggested that let the petitioner approach the authority concerned ventilating his grievances so that the authority shall consider and pass appropriate order in compliance of the order passed by the Tribunal. But, learned counsel for the petitioner contended that question of dies non to be decided by this Court.
In view of the above, it is open to the petitioner to pursue his remedy before the appropriate authority in compliance of the order passed by the Tribunal. In the event the petitioner approaches the authority by filing a representation within a period of seven days from today, the authority shall consider and pass appropriate order as expeditiously as possible, preferably within a period of six weeks from the date of receipt of the application.
Put up this matter after six weeks.
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