Gauhati High Court
Madan Mohan Nath vs The State Of Assam And 2 Ors on 6 December, 2019
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010296042019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 9016/2019
1:MADAN MOHAN NATH
S/O- KESHEB CHANDRA NATH, R/O- VILL- BARUAH CHUK, PURONI
GUDAM, DIST- NAGAON, ASSAM- 782141
VERSUS
1:THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMM. AND SECY.TO THE GOVT. ASSAM, HANDLOOM,
TEXTILES AND SERICULTURE DEPTT., DISPUR, GHY-6
2:THE DIRECTOR
SERICULTURE DEPTT.
ASSAM KHANAPARA GHY-22
3:THE SUPERINTENDENT OF SERICULTURE (DDO)
HOJAI
BORBOHA SANKARDEV NAGAR ASSAM
Advocate for the Petitioner : MR. S BORTHAKUR
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
06-12-2019 Heard Mr. S. Borthakur, learned counsel for the petitioner as well as Mr. N. Goswami, learned State counsel appearing for all the respondent Nos. 1 to 3.
In this writ petition preferred under the Article 226 of the Constitution of India, the petitioner has raised the limited grievance as regards non-release of subsistence allowance during the period of suspension w.e.f. 10.07.2019. The case projected by the petitioner in this Page No.# 2/2 petition is that the petitioner who is serving as Sericulture Demonstrator, Sarupathar Circle under the Superintendent of Sericulture, Hojai, was arrested on 05.07.2019 in connection with Sipajhar Police Station Case No. 913/2019, registered under Sections 420/468/471, IPC. Subsequent to such arrest, by an order dated 10.07.2019, the petitioner was placed under suspension pending drawal of departmental proceeding under the provisions of Assam Services (Discipline and Appeal) Rules, 1964. The petitioner was later on, released on bail. A show-cause notice has been served on the petitioner on 23.10.2019 under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 and in response thereto, he has submitted his reply to the said show-cause notice on 30.10.2019. It is contended by the petitioner that subsistence allowance entitled to him, has not yet been disbursed despite his representation to that effect before the authority on 19.08.2019.
I have considered the facts projected by the petitioner. As a person placed under suspension is entitled to receive subsistence allowance as per the FR 53, the authority shall release the subsistence allowance accordingly.
Accordingly, this writ petition is disposed of with a direction to the respondent No. 2 to release the subsistence allowance to the petitioner within a period of 1 (one) month, if the same is not released till date. The petitioner shall submit a certified copy of this order before the respondent No. 2 within a period of 7 (seven) days. On such receipt, the respondent No. 2 shall take the necessary steps to process so as to ensure that the petitioner receives the subsistence allowance since the date of his suspension within the period indicated above.
With the above observations made and directions given, this writ petition stands disposed of.
JUDGE Comparing Assistant