The court ruled that subsistence allowance must be paid to a suspended employee to uphold principles of natural justice and statutory compliance regardless of claimed financial burden to the employer.

ORDER

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs:

“a. That this Hon’ble Tribunal may kindly be pleased to quash and set aside the impugned order dated 23.03.2022 (A- 1) and allow this OA with the directions to grant the claim of Un-paid Subsistence Allowance for the period from 17.12.2012 to 06.10.2019 (i.e till final decision is taken in the inquiry proceedings) in terms of this Hon’ble Tribunal’s order dated 20.12.2021 in C.P. No.23/2021, by taking into consideration the relevant Rules 1344 (FR-54A) and 1345 (5) of the Indian Railway Estt. Code (IREC)(Vol.II).

b. That this Hon’ble Tribunal may kindly please further saddled the Heavy Cost on the respondents, as this is the Fifth Round of Litigation filed by the applicant to seek JUSTICE which is being denied to him by the respondents since the year 2012.

c. Any other order or relief that this Hon’ble Tribunal deem fit to be granted.”

2. This is the third round of litigation. Brief facts of the case are that the applicant was initially appointed as Khalasi and was subsequently promoted as Junior Clerk. He was posted to the office of Senior Sectional Engineer (Electrical/Maintenance), Ghorpuri, Pune on 30.08.2016. He was removed from the service by the Disciplinary Authority vide order dated 17.12.2012 which was confirmed by the Appellate Authority vide his order dated 04.02.2013 and by the Revisionary Authority vide order dated 17.07.2013. His mercy appeal was also rejected vide order dated 02.08.2016. Therefore, the applicant approached this Tribunal by way of filing OA No.685/2016 which was allowed by this Tribunal vide order dated 07.06.2019. This Tribunal was pleased to pass the following order:-

“5. Decision :-

The OA is allowed. The penalty order dated 17.12.2012 (Annex A-1) issued by the Disciplinary Authority, orders dated 04.02.2013, 17.07.2013 and 02.08.2016 issued by the Appellate Authority, the Revisionary Authority and the Authority who decided the Mercy Appeal, respectively, are set aside. The case is permitted back to the Disciplinary Authority i.e ADEE (G) PA Office of the DRM, Electrical Branch (Genl), Central Railway, Pune to get the inquiry into the charge-sheet served upon the applicant conducted afresh by providing him copies of the fact finding report which had noticed lapses on the part of the applicant and also a copy of the inquiry report submitted by the RPF/GIT and on the basis of such fresh inquiry to take appropriate decision.

This process should be completed in a period of four months from the date of receipt of certified copy of this order. Since the applicant was removed from service by the order of 17.12.2012 and thereafter has not been in service of the respondents, till decision is taken based on fresh inquiry to be conducted, the applicant may be treated under deemed suspension. However, for this period, the applicant will not be entitled for payment of any back wages. The parties to bear their own costs.”

3. The applicant approached the respondents for reinstatement and for the subsistence allowance. However, since the respondents failed to comply/implement the above order, he again approached this Tribunal by filing Contempt Petition No.23/2021 in OA No.685/216 which was disposed of by this Tribunal vide order dated 20.12.2021 by passing the following order:-

“10. Rule 1345(5) is relevant in the instant case which reads as under:-

“1345 (5) In cases other than those falling under sub-rules (2) and (3) the railway servant shall, subject to the provisions of sub-rules (8) and (9) be paid such amount (not being the whole) of the pay