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Ashok Kumar Aggarwal v. Sumit Bose and Another

Contempt Petition (Civil) · Neutral citation not assigned (Contempt Petition (Civil) No. 116 of 2014)Decided 28 Feb 2014
Contempt Petition (Civil) No. 116 of 2014
Justice B.S. Chauhan · Justice J. Chelameswar

Background

A Revenue Service officer's prolonged suspension was set aside by the administrative tribunal, whose order survived appeals. He complained that officials had reinstated him without paying the consequential salary and allowances. He also sought consideration for promotion, while a separate case challenged his new posting.

Decision Breakdown

The Supreme Court held that the rule permitting the department to determine pay when it revokes a suspension did not govern a suspension quashed by a court or tribunal. It directed payment of salary and allowances for 12 January 2012 to 10 January 2014 within two months. Pay after that date depended on the separate posting dispute because the officer had not joined his assigned station. Promotion was outside the original dispute and could not be obtained through this contempt petition; he could pursue it before the proper forum.

Lesson Learnt

When a court sets aside a suspension, officials must give effect to the resulting pay entitlement. An enforcement proceeding cannot be used to add a separate promotion claim that the original order never decided.

Official source (sci.gov.in)View Judgment (PDF)

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