- (1.) The single point for consideration in the writ petition is the manner of treatment of the suspension period when an enquiry had been constituted for alleged unauthorized absence without leave. The enquiry constituted resulted in imposition of censure and the entitlement to the employee as being confined only to subsistence allowance. The impugned order stated that the suspension period would be treated in the following words:- "Since he was held guilty of the charges levelled against him in the enquiry and punishment has been awarded to him, so his suspension has been justified. Therefore, his suspension period from 15.6.2001 to 20.8.2001 is decided as it is and nothing more would be paid to him except the subsistence allowance during the suspension period under rule 7.3 (3) of C.S.R.Vol.I, Part-I." Learned counsel appearing for the petitioner points out that if he was not fully exonerated and if action was being taken under the C.S.R.Vol.I, Part-I Rule 7.3(3), then the government employee would have a right to request for conversion of the period of absence as leave of the kind due. This is contained in clause 5 which is reproduced as under:- "(4) In a case falling under sub-rule (2) the period of absence from duty shall be treated as a period spent on duty for all purposes. (5) In a case falling under sub-rule (3) the period of absence from duty shall not be treated as a period spent on duty unless such competent authority specifically directs that it shall be so treated for any specific purpose. Provided that if the Government employee so desires, such authority may direct that the period of absence from duty shall be converted into leave of any kind due and admissible to the Government employee."
(2.) The counsel argues that since the government has not treated the leave of absence with any specific direction he has been put to a monetary loss by being denied the grant of increment by a period of two months. I am of the view that the petitioner is entitled to the right of consideration under clause (5) extracted above. The petitioner is at liberty to seek for his case for consideration under clause (5) by a representation to be made within two weeks from the date of receipt of copy of the order. The State shall take a decision thereon within a further period of four weeks from the date of receipt of representation.
(3.) The writ petition is disposed of with the above directions.;