A government employee who is falsely implicated in an FIR and is in jail is entitled to subsistence allowance.

Court No. - 4

Case :- WRIT - A No. - 19003 of 2022

Petitioner :- Sandeep Kumar

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Nitinjay Pandey

Counsel for Respondent :- C.S.C.,Suresh Kumar

Hon'ble Rajeev Singh,J.

Heard learned counsel for the petitioner and Shri S.K. Verma,

Advocate holding brief of Shri Suresh Kumar, learned counsel

for respondent nos.2 and 3.

The present petition is filed with the following prayer :-

(i).Issue writ, order or direction in the nature of mandamus commanding

the District Basic Education Officer, Kashganj of (respondent no.2) to

make payment of subsistence allowance along with its arrears i.e. from

August, 2019 to till date regularly.

(ii). Issue writ, order or direction in the nature of mandamus commanding

the Basic Education Officer, Kashganj (respondent no.2) to take

appropriate decision on the application (Annexure no.2 to this writ

petition) moved by the petitioner within the time frame which may be fixed

by this Hon'ble Court.

(iii). Issue writ, order or direction in the nature of mandamus commanding

the Basic Education Officer, Kashganj (respondent no.2) to supply the

copy of the suspension order ad other documents with regard to initiation

of departmental proceeding to the petitioner within the time frame which

may be fixed by this Hon'ble Court.

Learned counsel for the petitioner submits that petitioner was

falsely implicated in the F.I.R. lodged as Case Crime No.238 of

2019, under Sections 498-A, 304-B, 323, 504 and 506 I.P.C.

and Section 3/4 of D.P. Act, P.S. Jalesar, District Etah, as the

petitioner is in jail since 08.08.2019, the same was

communicated to the respondent no.2, but the suspension order

was passed with the averment that petitioner was absent from

duty as within the knowledge of the respondent no.2 that he is

in jail in the aforesaid offence, in which, he was falsely

implicated and subsistence allowances are not being paid to the

petitioner. He further submitted that the petitioner moved an

representation before the respondent No.2 on 10.10.2022,

which is annexed as Annexure No.2, but no decision was taken

by the respondent no.2.

Shri. S.K. Verma, learned counsel for the respondent nos.2 and

3 informed that the wife of the petitioner was killed. He also

drew attention of the Court on the contents of the F.I.R., which

is annexed at page no.14 that wife of the petitioner was died

due to fire arm injury, this fact is not disputed that the petitioner

is in jail since 08.08.2019 in the aforesaid crime and he has no

objection, in case a direction may be issued to decide the

application moved by the petitioner before the respondent

No.2.

Considering the submissions of learned counsel for the

petitioner as well as learned counsel for the respondent, the

present petition is disposed of with the direction to the

respondent no.2 to decide the representation of the petitioner

within a period of one month from the date of production of

certified copy of the order along with the fresh representation

by passing reasoned and speaking order.

Order Date :- 10.1.2023

Jitendra

Digitally signed by :-

JITENDRA KUMAR PATEL

High Court of Judicature at Allahabad