The single judge bench of the Jharkhand High Court held that that if any employee, during service period, is put under suspension and subsequently, he/she retires from service on attaining the age of superannuation, the order of suspension automatically comes to an end.
Brief facts
The factual matrix of the case is that the Petitioner was suspended from the service on the ground of financial irregularities, administrative failure, negligence and indiscipline and the Petitioner claimed before the lower court that after the retirement, the order of suspension will come to an end. The lower court restrained her from drawing the salary till further order. Aggrieved by this, the applicant filed an interlocutory application in order to modify the order passed by the court below.
Contentions of the Petitioner
The Petitioner submitted that no charge was framed against her during the departmental proceedings and if any, contemplated during her service period, has also come to an end. Hence, the Petitioner is entitled for payment of due salary.
Observations of the Court
The Hon’ble Court observed that it is well settled law that an employee's order of suspension immediately ends if the employee is placed under suspension during their service term and then retires after reaching the age of superannuation.
The court noted that the petitioner has already retired from service on 30th April, 2024, the order of suspension dated 30th May, 2022 issued under the signature of the Secretary, Bokaro Mahila College, Bokaro has automatically come to an end.
The decision of the court
With the above direction, the court disposed of the writ petition as infructuous.
Case Title: Sunita Sinha Vs. Binod Bihari Mahto Koylanchal University, Dhanbad & Ors.
Coram: Hon’ble Mr. Justice Rajesh Shankar
Case No.: W.P. (S) No.6526 of 2022
Advocate for the Petitioner: Mr. Saurav Arun, Advocate
Advocate for the Respondent: Mr. Anjani Nandan, Advocate, Mr. Subhneet Jha, Advocate
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