The first respondent/applicant while working as Grade I HWO at Government Social Welfare Boys Hostel, Shankarampet, Medak District, faced disciplinary proceedings and he was placed under suspension vide proceedings Rc.No.A1/1132/2010 dated 24.11.2010 of the third petitioner herein. A charge memo was also issued vide proceedings dated 1.2.2011 of the third petitioner. Subsequently, taking into consideration the enquiry report submitted by the Enquiry Officer dated 31.5.2011, the Collector (SW), Medak District issued proceedings Rc.No.A1/1132/2010 dated 19.7.2011 dropping the case against the first respondent/applicant by taking a lenient view of giving warning to him to be more careful in future and treating the suspension period with effect from 24.11.2010 to 7.4.2011 (135 days) as ‘leave’ to which he was eligible as per rules. It was the case of the first respondent/applicant before the Tribunal that when the disciplinary proceedings initiated against the delinquent officer were dropped, the suspension period has to be treated as ‘on duty’ and since the warning is not considered as punishment as per rules, the stipulation of treatment of suspension period with effect from 24.11.2010 to 7.4.2011 as ‘leave’ is illegal and contrary to rules. The Tribunal after hearing both sides allowed the OA and passed the impugned order directing to treat the
