Kindly inform that under which provision of law/rules in West Bengal for Govt.employees, period of suspension has to be confirmed if the departmental proceeding drawn up against the employee ends in awarding minor punishment? I do not find any provision under CCA Rules or WBSR but on the other hand find a circular number 11012/15/85-Estt(A) dated 3.1.21985 of the Central Government which reads as follows:
“XXX Accordingly, where departmental proceeding against a suspended employee for the imposition of a major penalty finally ends with the imposition of a minor penalty, the suspension can be said to be wholly unjustified in terms of Fundamental Rules (54-B) and the employee concerned should, therefore, be paid full pay and allowances for the period of suspension by passing a suitable order under Fundamental Rule 54-B” Sd/-A Jayaraman Director, Government of India Ministry of Personnel & Training, Admn. Reforms and Public Grievances & Pension New Delhi.
Fundamental Rules are above all the rules and regulation for the Central Government and State Govt. employees so discrimination by the departmental superior officers on their whims and limited knowledge in the state of West Bengal does not appear to be justified. I invite the attention of all my friends to please comment and let me know whether there is any specific order of the government bypassing the above order since no order with respect to the fundamental rules can be amended without the consent of the President of India.