Bench orders suspension period to be treated as ‘service period’

Lokmat News Network

Chhatrapati Sambhajinagar:

In a significant ruling, justice Siddheshwar Thombre of the Aurangabad bench of the Bombay High Court on February 18, 2026, directed that the suspension period of a concerned employee be treated as part of his ‘service period’ after the industrial court had set aside the suspension order.

Observing that the punishment of reverting the petitioner to his basic pay was disproportionate to the alleged misconduct, the court modified the penalty and directed withholding of three future increments in a manner that would not affect his future salary growth. However, the court upheld the recovery of house rent from the petitioner.

Case background

The petitioner, Subhash Ganpat Sonar, had served as a driver with the Jalgaon Municipal Corporation for 30 years. He was suspended for allegedly residing unauthorisedly in employee quarters from June 1, 2008, to July 16, 2008, with verbal permission from the deputy commissioner and medical officer.

Claiming that he was neither issued a chargesheet nor given an opportunity for a hearing, Sonar approached the industrial court in Jalgaon. On April 17, 2013, the court quashed the suspension order and directed his reinstatement along with full back wages.

During the departmental inquiry, only the charge of unauthorised stay in the quarters for one-and-a-half months was proved, while other allegations of indiscipline and misconduct were not established. Despite this, his suspension period was not counted as service, he was reverted to basic pay and directed to pay house rent , effectively imposing three penalties for a single misconduct. Sonar subsequently filed a petition through advocate Vitthalrao Salgare challenging the decision.