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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Urmila Nanawati – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
DEEPAK KHOT, J.
1. The present petition has been filed by the petitioner seeking the following reliefs :-
i) The Hon. court may kindly be pleased to issue a writ in the nature of Mandamus to direct the respondents to pay to the petitioner the service benefits such as salary and other benefits for the services rendered by her from 1.12.2017 till her retirement dated 30.6.2021.
ii) To grant any other relief deemed fit and proper under the facts and circumstances of the case.
2. It has been contended by learned counsel for the petitioner that the petitioner has been convicted for the offence punishable under sections 7, 13(1)(d)(ii) read with section 13(2) of the Prevention of Corruption Act and Section 120-B of IPC, consequently sentenced to 4 years R.I. by judgment and sentence dated 30.11.2017 passed in Special S.T.No.9/2016, annexure P- 2. It is further submitted that the petitioner was suspended during the pendency of the trial on 9.11.2016 and the petitioner stood retired on 30.6.2021. It is also submitted that till the retirement of the petitioner, no departmental action has been initiated by the respondent department. Thus, the petitioner is entitled for subsistence allowan
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).
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.
Mandamus directs consideration of representation for 75% subsistence allowance post six-month suspension per service rules.
Suspension without due process and a fair inquiry is illegal, violating principles of natural justice.
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....
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