Central Administrative Tribunal - Kolkata
Subrata Shil vs Indian Council Of Medical Research on 17 November, 2023
= . m_ " € NS '\ . 'Ah . , a © Nee atl 1 | O.A.No, 350/542/2022 | oie : : 7 Le ENIDRAT. ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA - O.A. No. 350/542/2022 Date of Order: |7-+}|> 2022 . Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member Subrata Shil, Son of Late Abani Kumar Shil, aged about 61 years, worked as Sr. Technical Officer-] (under Suspension) at ICMR-National Institute of Cholera and Enteric Diseases/Kolkata, resident - of 6B, B.M. Mandal Road, East Rajapur, Santoshpur, Kolkata-700075, Ph- 8585893110,email ID- [email protected]. ...... Applicant 1. Union of India, service through the Secretary, Ministry of Health & Family Welfare, Department of Health Research, Red Cross Building, New Delhi-110001. 2. The Director General, Indian Council of Medical Research(ICMR), V.Ramalingaswami Bhawan, P.O. Box "No. 4911, Ansari Nagar, New Delhi - 110029, India. 3. The Assistant 'Director General, Indian Council of Medical Research, Department of Health Research, Ministry of Health. & Family Welfare, Government of India, V.Ramalingaswami Bhawan,P.O. Box No. 4911, Ansari Nagar, New Delhi - 110029, India. 4. The. Director & Scientist G, ICMR- National Institute of Cholera and oe 2 : O.A. No. 350/542/2022 Enteric Diseases, P-33, CIT Road, Scheme-XM, Beliaghata, Kolkata-. 700010, India. For The Applicanti(s}: Mr. Arpa. Chakraborty; Counsel " Ms. P. Mondal; Counsel For The Respondent(s): Mr. B. B. Chatterjee; Counsel ORDER Per: Mr. Anindo Majumdar, Member (A):
This matter is taken up by Single Bench for disposal with ~ the consent of both the parties in view of the revised list 'dated 04.04.2000 issued under Sub-Section (6) of Section 5 of. the Administrative Tribunals Act,' 1985, and, since no complicated question of law is involved.
2. The applicant has filed this O.A. under Section 19 of the.
Administrative Tribunals Act, 1985, seeking the following relief(s):
"a) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law,
b) An Order do issue directing the respondents 'to grant/sanction the subsistence allowance in favour of the applicant at enhanced rate of 75% for the last -
3 months prior to his retirement on 31.07.2021 out of around 6 months of total suspension period and to release the said arrears of withheld 25% amount of subsistence allowance in favour of the petitioner along with interest accrued therein.
c}/To grant all the consequential benefits.
d) To grant Costs and incidentals.
e) Certify and transmit the entire records and papers pertaining to the applicant's case so that afier the causes shown thereof conscionable justice 3 . O.A.No. 350/542/2029 may be done unto the applicant by way of grant of reliefs as prayed for in (a) and (b) above -
fl Any other order or orders as the Hon'ble Tribunal deems fit and proper."
3. The applicant, Shri Subrata Shil was arrested on 27 01.2021 in connection with PS Case Number 117 dated 19.6.2020. He was subsequently enlarged on bail by the order of the Additional Chief Judicial Magistrate, Sealdah dated 24.03.2021.
4. Since he was detained in.custody for more than 48 hours, the applicant was placed under deemed suspension by respondent No.4 w.e.f. 27.01.2021 (i.e. from the date of his detention). Even after his release from custody on bail, the respondents did not. revoke the order of deemed suspension,
5. The respondents sanctioned subsistence allowance to be paid
- to the applicant at the rate of 590% of his monthly remuneration.
6. The applicant, has in this original application, submitted that the subsistence allowance paid to him was not enhanced after the expiry of the initial period of three months of suspension.
7. The applicant has submitted that he made representation dated11.08.2021 seeking payment of subsistence allowance at enhanced rate ' of 75% of his emoluments. However, the respondents did not grant him subsistence allowance at the enhanced rate.
8. The applicant retired from service on 31.07.2021 while he-was under suspension, | '9. _The Respondents in their reply, have submitted that as per FR 53, a suspended officer is entitled to subsistence allowance ' - _ Yeu 4 O.A. No. . 350/542/2022 'up toa maxinium of 50% of his basic pay and that they, have : i pT 4 therefore not enhanced the subsistence allowance granted to the _applicant. | Le . 7 }
10. I have heard the learned counsels for both the sides and havé examined the material on record.
'11. FR 53 (1) (a}(i) provides as under :
"the amount Of subsistence allowance may be increased by a 'suitable amount not exceeding 50% of the subsistence allowance admissible during the period of first three months if in the
- opinion of the said authority, the period of suspension' has been prolonged for reasons to be recorded in writing, not directly
- attributable not directly attributable to the government servant"
12. The respondents ought to have acted in accordance with the provisions of the FR 53(1}(a)(i) as quoted above in para 1 labove. I . After the expiry" of the initial period of three. months -of suspension of the applicant, a conscious decision -based on the facts and circumstances of the case ought to have been taken by the Respondents on whether or not the: subsistence allowance: | granted to the applicant should be increased.
13. In view of the above discussion, Respondent No.4 is directed. to considet 'the enhancement of subsistence. allowarice granted - to the applicant 'in accordance with the provisions of FR . 53(1)(a) (i within a period of one month from the date of issue of this order. The decision taken in this regard. should be "
communicated to 'the applicant by way of a reasonéd speaking order. In case it is decided by Respondent No.4 to enhance the subsistence allowance granted' to the applicant 'orders to this effect should be issued by the respondents within a period of one F cf .
. Ye Pr . . .5 ; ' O.A.No. 350/542/2022
month from the date of issue of this order, along with orders for 1 payment of arrears to the applicant.
14. With these directions, this original application is disposed of.
There shall be no orders as to costs.
ajumdar) | . Member (A) SK