appellant had instituted criminal
proceeding against them;
(iii) Non-payment of subsistence allowance,
during the departmental proceeding, vitiated the entire
proceeding inasmuch as the appellant ... filed before the Enquiry Officer making a
prayer for payment of subsistence allowance. Nonetheless,
subsistence allowance, for the period, 15.06.2007 to
24.12.2007, was paid through
raised a grievance that, though they were
continuing in suspension, their subsistence allowance was not being
paid. Hence, by order dated 16.9.1997, this Court directed ... that, as
long as the petitioners were under suspension, their subsistence
allowance for each month be paid and if the same was not paid with
grounds. In these circumstances,
the Tribunal took an equitable position of allowing
subsistence allowance for this period from the date of his
dismissal ... authority regarding forfeiture of service but
had provided for payment of subsistence allowance, we
are of the view that the order passed by the Tribunal
placed under deemed suspension, on 30.03.1999.
2.2 An order for subsistence allowance was passed qua the petitioner on
WP(C) 5158/2011 Page ... matter of fact, vide order dated 23.03.2000, the subsistence
allowance qua the petitioner was enhanced.
3. Upon completion of trial, the Special-Judge vide judgment
suspended and not allowed to retire on 30.11.2001. He was paid subsistence
allowance. Number of Police Personnels charge sheeted along with the
petitioner, approached ... reason only, the retirement benefits were not paid to
him. But subsistence allowance was paid to him. Number of similarly placed
Police Personnels approached
payable to the appellant
for the period of suspension except subsistence allowance,
but the period under suspension will be treated on duty for
other purposes ... further direction
that the appellant would not be paid anything except
subsistence allowance for the period of suspension.
However, the authorities observed that the period
Government order, the petitioners are entitled for stipend and
subsistence allowance, which is also not paid. In this regard, the
petitioners are to be permitted ... representations to be submitted by the petitioners seeking stipend
and subsistence allowance as per clause 5 of the Government
Order dated 2.12.20112 as per Annexure
petitioner, the respondents have not even come forward to pay the subsistence allowance, which also violates the principles of fair enquiry. Unless the person ... placed under suspension is paid with the subsistence allowance enabling him to defend his case by participating in the enquiry, the petitioner would
joining time allowed to Government servant on transfer, suspension etc. In case of dismissal or removal, FR 52 provides that pay and allowances of Government ... other business, profession or vocation, he would be entitled for subsistence allowance which may be 50% or 75% of leave salary, which he would have
present case no regular and proper Inquiry was held nor was subsistence allowance paid, hence in these circumstances, it is clear case that the petitioner
