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    <title>2019 (9) TMI 1653 - PATNA HIGH COURT</title>
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    <description>Rule 97 of the Bihar Service Code, read with the Bihar Pension Rules, permits the competent authority to ermine how a suspension period is to be treated where a government servant is not fully exonerated, including after superannuation. Full pay and allowances are due only on full exoneration or where the suspension was wholly unjustified; in other cases, the authority may fix the proportion of pay and allowances and decide whether the period counts as duty, subject to judicial review on limited grounds. The text also states that an earlier decision was not a Full Bench ruling merely because a third Judge was involved; its status depended on the Bench constitution and mode of decision-making.</description>
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      <title>2019 (9) TMI 1653 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=302863</link>
      <description>Rule 97 of the Bihar Service Code, read with the Bihar Pension Rules, permits the competent authority to ermine how a suspension period is to be treated where a government servant is not fully exonerated, including after superannuation. Full pay and allowances are due only on full exoneration or where the suspension was wholly unjustified; in other cases, the authority may fix the proportion of pay and allowances and decide whether the period counts as duty, subject to judicial review on limited grounds. The text also states that an earlier decision was not a Full Bench ruling merely because a third Judge was involved; its status depended on the Bench constitution and mode of decision-making.</description>
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