JUDGMENT

1. The Court : By consent of the parties, the appeal and the application are taken up together for consideration.

2. The petitioner was an employee of the United Bank of India. He was placed under suspension pending departmental enquiry on 10th January, 2004. The petitioner was entitled to subsistence allowance during the period of suspension as per the provisions of bipartite settlement. The disciplinary proceedings initiated against the petitioner was ultimately concluded on 24th August, 2013 and the disciplinary authority imposed penalty of dismissal without notice. The order of dismissal mentioned that the period of suspension shall not be treated as on duty and the petitioner would not be entitled to any pay and allowance including increment falling due, if any, during the period of suspension save and except what has been paid by way of subsistence allowance. The petitioner preferred an appeal against the order of dismissal and the appellate authority by an order dated 22nd January, 2015 affirmed the order of penalty imposed upon the petitioner by the disciplinary authority. Being aggrieved by the order of the appellate authority, the petitioner filed a writ petition.