Respondents Must Finalize Suspension Period Treatment Under FR 54(B) Upon Quashing or Absence of Disciplinary Proceedings

The applicant, a member of the Indian Defence Estates Service (IDES), was placed under suspension on 30.09.2011

The suspension was revoked on 23.02.2018; however, no order was passed regarding the treatment of the suspension period or pay and allowances under Fundamental Rule (FR) 54(B)

Following a previous direction from the Tribunal in O.A. No. 4424/2017, the respondents issued a notice on 24.05.2018, tentatively deciding to treat the suspension period as "not on duty" and restricting pay to subsistence allowances until the conclusion of disciplinary proceedings

Subsequently, the Lucknow Bench of the Tribunal set aside the underlying charge memorandum on 24.04.2023 due to lack of competent approval

Despite this, and the fact that no fresh proceedings were initiated, the respondents failed to pass a final order under FR 54(B)

Whether the respondents are legally obligated to pass a final order under FR 54(B) governing the suspension period when no disciplinary proceedings are currently pending

Fundamental Rule 54(B), which mandates that the competent authority must pass a specific order regarding the pay, allowances, and treatment of the period of suspension (whether it shall be treated as duty or not) upon the revocation of suspension or conclusion of proceedings

FR 54(B)(6), which deals with the grant of full pay and allowances and treating the period as spent on duty under certain conditions

The Tribunal reasoned that the respondents’ justification for deferring the final decision on the suspension period—namely, the pendency of disciplinary proceedings—was no longer valid.

Since the charge memorandum dated 22.01.2018 was quashed by the Lucknow Bench and the respondents failed to exercise the liberty granted to initiate fresh proceedings, the "basis for such deferment no longer survives"

The Tribunal noted that although a tentative view was taken in 2018, the respondents remained inactive for a considerable time following the quashing of the charges.

Consequently, the lack of pending proceedings necessitates an immediate and final determination of the applicant's status and entitlements for the period between 2011 and 2018

The respondents were directed to: (a) pass a reasoned and speaking order under FR 54(B) regarding the treatment of the suspension period; and (b) determine the admissible pay and allowances for said period in accordance with law. These directions must be complied with within four weeks from the receipt of the order.