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S. M. SUBRAMANIAM, C. KUMARAPPAN
E. Rajkumar – Appellant
Versus
Registrar General, High Court, Madras – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records pertaining to the Official Memorandum in Roc.No.13/2023- Con.Estt.II, dated 12.10.2023, passed by the respondent and quash the same and consequently directing the respondent to sanction the subsistence allowance with arrears with effect from 12.03.2023 within a time frame.
The order of rejection dated 12.10.2023, rejecting the claim of the writ petitioner for payment of subsistence allowance is under challenge in the present writ petition.
2. The petitioner was appointed as Office Assistant and subsequently, promoted to the post of Driver. Admittedly, a criminal case was registered against the petitioner on the file of Cyber Crime Police Station, Kanniyakumari District u/s. 354 A(1)(i), 354 A (1)(ii), 354 A(1)(iv), 506 (1) IPC, 66E, 67, 67A IT Act & 4 of TNPHW Act.
3. Consequently, the petitioner was placed under deemed suspension, since he was arrested by the Police. The order of suspension issued by the High Court reveals that the Headquarters of the petitioner is at Chennai. Therefore, the petitioner should reside
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).
The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.
Suspension without due process and a fair inquiry is illegal, violating principles of natural justice.
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