( 1. ) THIS is a First Appeal filed by the defendant, Dewas Municipal Corporation against the judgment and decree dated 18-11-1987 passed by the IInd Addl. Judge to the Court of the District Judge, Dewas, in Civil Suit No. 11-A/83 whereby the plaintiffs suit for payment of subsistence allowance amounting to Rs. 30,000/- has been decreed.

( 2. ) THE material facts giving rise to this appeal, briefly stated, are as follows: While the plaintiff was working as a Tax Collector in the service of the defendant-Corporation, he was charged with the offence of embezzlement and a criminal case was instituted against him. He was placed under suspension on 30-6-1987 and a Departmental Enquiry was also instituted against him. On completion of the Departmental Enquiry, he was removed from service of the Corporation by Order dated 19-6-1975. The plaintiff employee filed an appeal before the Collector, Dewas and a Second Appeal before the Commissioner, Ujjain which were dismissed. Thereafter, the plaintiff filed a revision in the Board of Revenue which was allowed by Order dated 5-3-1980 whereby the order of removal passed by the Corporation against the plaintiff-employee was set aside on the ground that the Departmental Enquiry was conducted without following the principles of natural justice and also on the basis of a Government Circular advising that during the pendency of the Criminal Case against the plaintiff-employee the Departmental Enquiry should be withheld till the decision of the Criminal Court.

( 3. ) AFTER the order of removal of the plaintiff was set aside by the Boards order dated 5-3-1980, as aforesaid, the plaintiff made an application! to the Corporation for payment of subsistence allowance for the period from 19-6-1975 when he was removed from the service of the Corporation upto 5-3-1980 when the Board of Revenue allowing the plaintiff-employees revision set aside the said order of removal. But the Corporation dismissed the plaintiffs application on 31-7-1980. The plaintiff filed an appeal to the Collector, Dewas which was dismissed on 21-11-1980. Thereafter, the plaintiff filed a Second Appeal before the Commissioner, Ujjain, which was allowed on 22-3-1982 and the defendant-Corporation was directed to pay subsistence allowance to the plaintiff from 19-6-1975.

( 4. ) IN pursuance of the order of the Commissioner dated 22-3-1982, passed in Second Appeal as aforesaid, the plaintiff filed applications Ex. P/7 and Ex. P/8 to the Corporation for payment of the subsistence allowance to him in accordance with the order of the Commissioner, but when no response was made to the applications of the plaintiff for payment of the subsistence allowance the plaintiff filed the instant suit against the Corporation on 21-9-1982 claiming Rs. 30,000/being the amount of subsistence allowance payable to the plaintiff for the period from 19-6-1975 till the date of the suit.

( 5. ) THE Corporation resisted the suit on various pleas including the plea that the suit was barred by time. By a subsequent amendment of the written statement on 5-8-1986, the defendant also pleaded that the plaintiff had not submitted a certificate certifying that he was not engaged in any other employment, business, profession or vocation which was apparently a requirement contemplated under Fundamental Rule 53 (2 ).

( 6. ) AFTER trial of the suit, the learned court below, on appreciation of evidence adduced in the case and after consideration of relevant rules applicable to the case of the plaintiff, has decreed the claim of the plaintiff holding him entitled to payment of subsistence allowance according to rules from 19-6-1975 till his services are terminated in accordance with law. However, the learned Court below also directed that in case the plaintiff had earned income from any other employment or vocation during the period he was out of employment of the Corporation, an adjustment in that regard would be permissible according to rules, and if the defendant ra