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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JAGMOHAN BANSAL
Mahinder Ram – Appellant
Versus
Commandant General, Punjab Home Guards – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral)
As common issues are involved in the captioned petitions, with the consent of all the parties, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-11357-2021.
2. Affidavit dated 17.09.2024 filed on behalf of respondent No.3 is taken on record. Registry is directed to tag the same at an appropriate place.
3. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of suspension order dated 30.08.2019 (Annexure P-4) whereby the District Commander, Punjab Home Guards, Patiala has suspended him. He is further seeking subsistence allowance during the period of suspension.
4. The petitioner was enrolled as member of Punjab Home Guards on 05.08.1992. He continuously worked with the respondent as member of Home Guards till the date of passing impugned order of suspension. For the ready reference, the suspension order is reproduced as below: -
"As per report received from the office of Commander Training Center, Punjab Home Guards, Patiala vide letter no-561 dated 30.08.2019 Guard Mahinder Ram No-30617 is posted on duty at Police
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 main legal point established in the judgment is the application of rule 54-B of the Fundamental Rules and the discretion of the Disciplinary Authority in justifying a suspension and determining e....
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
The duty of the competent authority to consider and pass specific orders regarding pay, allowances, and the treatment of the suspension period as duty, and the principles of natural justice in afford....
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.
Suspension without payment of subsistence allowance for an indefinite period is illegal and violative of the right to life under Article 21 of the Constitution of India.
Statutory provisions governing subsistence allowance cannot be overridden by customary practices requiring attendance during suspension, as per Section 10A of the Industrial Employment (Standing Orde....
The main legal point established in the judgment is that the denial of salary for the suspension period should be in accordance with Fundamental Rules and the principles of natural justice.
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