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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Kardak Ete
Md. Ayub Hussain, S/O. Md. Amir Hussain – Appellant
Versus
Union Of India Rep. By The Secretary, Ministry Of Power, New Delhi – Respondent
| Table of Content |
|---|
| 1. facts regarding petitioner's service and circumstances. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on subsistence allowance and conduct rules. (Para 10 , 11 , 12) |
| 3. court's analysis on the applicability of rules. (Para 13 , 14 , 16 , 18 , 19 , 20 , 21) |
| 4. entitlement to subsistence allowance post-reinstatement. (Para 22) |
| 5. order to release subsistence allowance. (Para 23 , 24) |
JUDGMENT :
Kardak Ete, J.
Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned Central Government Counsel for the respondent No.1 and Mr. D. Senapati and Ms. S. Todi, learned counsels for the respondent Nos.2—8.
2. The challenge made in this writ petition is to the communication dated 06.04.2010, issued by the Deputy Manager (P & A), Esst., NEEPCO Ltd., Shillong, whereby, a decision has been conveyed to the petitioner that the period of long gap of absence of the petitioner is treated as break in service and not entitled to draw subsistence allowance owing to not reporting during the period of suspension.
3. Briefly put, the facts of the case are that the petitioner was appointed as Junior Engineer (Civil) Grade-II of the North Eastern Electric Power Corpora
An employee exonerated from charges and reinstated is entitled to subsistence allowance, notwithstanding prior absence, as per the NEEPCO Conduct Rules.
Suspended employees are entitled to subsistence allowance as a matter of right, and proper disciplinary proceedings must be initiated post-conviction under Rule 17(c).
An employee under suspension is entitled to subsistence allowance even if convicted, unless he accepts employment elsewhere.
The court ruled that a government servant's suspension period must be treated as on duty with full pay if acquitted of charges and if disciplinary proceedings result in a minor penalty.
Co-operative society by-laws cannot restrict statutory rights to subsistence allowance for suspended employees under the Payment of Subsistence Allowance Act regardless of retirement status.
Suspended employee entitled to subsistence allowance despite residence shift due to non-payment, if cooperates with enquiry.
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