Suspended employee cannot take advantage of his unauthorised absence to claim benefits: SC

Supreme Court in the State of Jharkhand vs. Banaras Prasad (Dead) Through Lrs. C.A. No. 7196/2022, while examining an issue as to whether the employee (who was suspended from service but no departmental enquiry was initiated) is justified in demanding allowances and benefits for the period when he was remained absent from service unauthorizedly, observed that it would be absolutely contrary to a service jurisprudence principle if an employee is able to take advantage of his own absence and if his grievance was that departmental proceedings were not being initiated despite suspension, he was required to take redressal of his grievances, however he did not do so and conveniently remained absent from the same with a result that even the suspension order could not be served on him, thus the employee cannot claim the benefits during such period of absence.

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