JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. Rajeev Shrivastava, learned senior counsel for the appellants-Corporation. Also heard Mr. Kishore Bhaduri, learned senior counsel for the sole respondent.

2. This writ appeal is presented against an order dated 24.09.2021 passed by the learned Single Judge in Writ Petition (S) No.2560 of 2013.

3. The matter relates to non-payment of subsistence allowance.

4. The operative portion of the order of the learned Single Judge dated 24.09.2021 reads as follows :

“17. In the considered opinion of this Court, the inaction of the respondents in not granting subsistence allowance to the petitioner is totally arbitrary and unfair as well as inhuman also. Petitioner is entitled for subsistence allowance in accordance with Rules 21(1) and 21(3) of the Rules of 1977 subject to compliance of condition No.5 of the order of suspension. He will file an affidavit/representation/undertaking for grant of subsistence allowance before the respondents within 30 days along with a copy of this order which will be granted in accordance with Rule 21(1) and 21(3) of the Rules of 1977 within a period of 45 days from the date of filing of the affidavit /representation/undertaking by the petitioner. Petitioner will also be entitled for a cost of Rs.5,000/-. The respondents will be entitled for interest at the rate of 9% from the date of entitlement till the date of payment.

18. It is stated at the bar that petitioner is still in jail, therefore, direction be issued to the concerned jail authorities to permit the petitioner to file an undertaking/affidavit from jail. If such a request is made to the jail authorities, the petitioner will be permitted to do so.

19. Accordingly, this writ petition is allowed to the extent indicated herein-above. No cost(s).”

5. The petitioner joined the appellant Corporation on 24.12.1984 as Executive Training (Finance) and was posted at National Thermal Power Corporation Limited ('NTPC'), Delhi. After completion of training, he was transferred to Korba and was promoted to the post of Senior Finance Officer on 01.01.1989. He was then promoted to the post of Deputy Manager on 01.04.1992 and thereafter, to the post of Manager (Finance) on 01.01.1997. A First Information Report ('FIR') against the writ petitioner was lodged at Police Station, Balco Nagar, being FIR No. 83/1999 under Sections 420, 409, 467, 468 and 471 of the Indian Penal Code, 1860 (‘IPC’) read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988, (‘P.C. Act’) for fraud, cheating and mis-appropriation to the tune of Rs. 1,61,83,254/-. He was arrested on 26.02.2011 and subsequently, released on bail on 23.08.2011. On the basis of the said FIR, a criminal case was registered in the Court of Special Judge of Special Court For Trial of CBI Cases, Raipur, being Special Criminal Case No. CBI/17/2002 for the Crime No. RC 10(A)99-JBR.

6. At the time of filing of the writ petition on 21.08.2013, the trial was in progress. Subsequently, by an order dated 11.09.2017, writ petitioner was convicted and sentenced to undergo (i) rigorous imprisonment for five years with fine of Rs.1,00,000/- and in default, to undergo one month rigorous imprisonment for the offence punishable under section 420 of the IPC, (ii) rigorous imprisonment for five years with fine of Rs.1,00,000/- and in default, to undergo one month rigorous imprisonment for the offence punishable under section 468 of the IPC, (iii) rigorous imprisonment for 2 years with fine of Rs.1,00,000/- and in default, to undergo one month rigorous imprisonment for the offence punishable under section 471 of the IPC and; (iv) rigorous imprisonment for 7 years with fine of Rs.97,00,000/- and in default, to undergo 6 months rigorous imprisonment for the offence punishable under section 13(1)(d) read with 13(2) of the P.C. Act.

7. The writ petitioner had resigned from services of the appellant Corporation on 28.12.1998 on the ground that he had received better professional opportun