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J. K. MAHESHWARI
Ram Bahadur Das – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
The petitioner has filed this petition seeking direction for commanding respondent no.2 to pay the subsistence allowance from the month of June, 2019 to till date to the petitioner with a further prayer to issue any appropriate writ, order or direction.
The facts leading to decide the controversy and relief as prayed are relevant, wherein the petitioner was placed on suspension on 27.08.2001 on account of registration of Criminal case against him under Section 420 , 467, 468 and 471 of INDIAN PENAL CODE . In a criminal trial he was convicted vide judgment dated 18.11.2005 passed by the Judicial Magistrate, East Sikkim. In Appeal before the Session Court the said order was affirmed and on filing the Revision, the High Court vide order dated 07.06.2013 modified only the sentence part, confirming the findings to prove charge. A Special Leave Petition was also preferred before the Hon’ble Supreme Court CRLMP No.23558- 23559/2014 which was dismissed on 05.12.2014.
Thereafter, the Department has decided to take action as per the provision of Rule 7 of the Sikkim Government Service (Discipline and Appeal) Rules, 1985. It is relevant to note that the petitioner attained the age of su
Subsistence allowance ceases upon superannuation as the master-servant relationship is terminated at that point, and issues regarding pension are outside the writ's scope.
The legal principle established is that a public authority must consider representations regarding entitlements such as subsistence allowance, especially when no prejudice would result from such cons....
A civil servant under suspension is entitled to normal subsistence allowance even after conviction by the trial court pending consideration of his appeal until the appeal is disposed of finally.
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 legal principle established is that a government servant reinstated after acquittal from a criminal case is entitled to have the period of absence, including suspension, treated as duty for all p....
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.
An employee under suspension is entitled to subsistence allowance even if convicted, unless he accepts employment elsewhere.
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