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Manipur High Court

Ningombam Heramani Singh vs State Of Manipur & 3 Ors on 31 January, 2025

                                                        1
LAIREN Digitally signed
MAYUM byLAIRENMAYUM
INDRAJE INDRAJEET                                                            I tem Nos. 107 & 108
        SINGH
ET      Date: 2025.01.31          I N THE HI GH COURT OF MANI PUR
        14:09:16 +05'30'
SINGH                                         AT I MPHAL

                                            WP( C) No. 758 of 2024
                                                      with
                                            MC(WP(C)) No. 655 of 2024

                            Ningombam Heramani Singh
                                                                                   Petitioner
                                                Vs.
                            State of Manipur & 3 ors.
                                                                                 Respondents

BEFORE HON'BLE MR. JUSTI CE AHANTHEM BI MOL SI NGH 31.01.2025 Heard Mr. Eengba, learned counsel appearing for the petitioner; and Mr. H. Samarjit, learned G.A. appearing for the respondents.

The present application has been filed challenging the order dated 12.10.2023 by which the petitioner has been placed under suspension w.e.f. 12.10.2023 as well as challenging the memorandum dated 13.12.2023 initiating the departmental enquiry against the petitioner.

The learned counsel appearing for the petitioner submitted that as the petitioner has been placed under suspension, pending the departmental enquiry against him, the petitioner is entitled to get subsistence allowance as provided under FR 53 of FR & SR.

The learned counsel accordingly prays for passing an interim order directing the authorities to release the subsistence allowance due payable to the petitioner as provided under FR 53.

2

Mr. H. Samarjit, learned GA fairly submitted that as the petitioner has been placed under suspension pending the departmental enquiry against him, he is entitled to get subsistence allowance as provided under FR 53 of the FR & SR.

Taking into consideration the submission advanced by the learned counsel appearing for the parties, this Court is of the considered view that the petitioner is entitled to get his subsistence allowance as provided under FR 53 of the FR & SR.

Accordingly the respondents are directed to release the subsistence allowance due payable to the petitioner as provided under FR 53 of the FR & SR as early as possible but not later than 3(three) months from today.

As prayed for, list these cases again on 04.03.2025.

I n the meantime, learned counsel appearing for the parties are at liberty to exchange their pleadings, if so advised.

JUDGE I ndrajeet