IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2137 OF 2025 (S-RES)

BETWEEN:

SRI R LOKANATHA. B.SC. B.ED., MA., LL.B.

HGA (P) SR. NO. 640037 (U/SUSPENSION)

AGED ABOUT 58 YEARS, PARTY IN PERSON AND ADVOCATE HCK, BLR., #NO. 27, MATHRUKRUPA, R.D. LAYOUT, B.G. ROAD, BANGALORE-560 030.

…PETITIONER (SRI. R. LOKANATHA, PARTY-IN-PERSON)

AND:

Digit ally signed by 1. UNION OF INDIA SUNITHA K S REP. BY ITS SECRETARY TO GOVERNMENT, Location: MINISTRY OF FINANCE, HIGH COURT NEW DELHI-110 001.

OF KARNATAKA

2. THE CHAIRMAN, LIC OF INDIA, THE APPELLATE AUTHORITY, P.B. NO. 19953, REGD. OFF YOGAKSHEMA, JEEVAN BIMA MARG, MUMBAI-400 021.

3. THE ZONAL MANAGER AND THE APPELLATE AUTHORITY-1, THE LIC OF INDIA, ZONAL OFFICE, SOUTH CENTRAL ZONE, SAIFABAD, HYDERABAD-600 063.

4. THE SENIOR DIVISIONAL MANAGER, LIC OF INDIA, DIVISIONAL OFFICE, SHIVAMOGGA-577 205.

5. THE MANAGER P AND IR, LIC OF INDIA, DIVISIONAL OFFICE, SHIVAMOGGA-577 205.

6. THE MANAGER LEGAL AND HPF, LIC OF INDIA, DIVISIONAL OFFICE, SHIVAMOGGA-577 205.

7. THE ENQUIRY OFFICER AND THE MANAGER F AND A, LIC OF INDIA, DIVISIONAL OFFICE, SHIVAMOGGA-577 205.

8. THE ADMINISTRATIVE OFFICER MARKETING LIC OF INDIA, DIVISIONAL OFFICE, SHIVAMOGGA-577 205.

…RESPONDENTS (V/O DATED 04.03.2025 NOTICE TO R1 D/W SRI. NISHANTH A.V., CGC FOR R1 SRI. RAJESH SHETTY, ADVOCATE FOR R2 TO R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.4, THE SENIOR DIVISIONAL MANAGER TO PAY THE SUBSISTENCE ALLOWANCE WITH AFFECT FROM 03- 10-2011 U/R 36(2), 36(3) AND 36(4), 37 AND 38 OF THE STAFF RULES AS PER LAW AND ALSO AS PER THE STATUTORY PROVISIONS OF LAW AND DIRECT THE RESPONDENTS 2, 3 AND 4 TO FOLLOW THE RULE OF LAW, STATUTORY PROVISIONS OF LAW UNDER R/36(3) AND (4) AND COMPLETE THE DE NOVO WITH PRINCIPLES OF NATURAL JUSTICE WITHOUT VIOLATING THE RULES OF LAW, EQUITY ON GOOD FAITH AND TO TAKE AN IMMEDIATE LEGAL ACTION IN THE ENDS OF JUSTICE AND EQUITY WITH UTMOST JUDICIOUS CONSCIENCE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. The petitioner/party-in-person filed this writ petition seeking a mandamus directing respondent No.4 to pay the subsistence allowance with the effect from 03.10.2011 under Rule 36(2), 36(3) and 36(4), 37 and 38 of the staff rules as per the statutory provisions of law, and to direct the respondents 2 to

4 to follow the rule of law.

2. Brief facts, leading rise to the filing of this writ petition are as follows:

3. The petitioner is the permanent employee in the Life Insurance Corporation of India, working as a programmer Grade II/HGA in LIC of India Divisional office, Shivamogga. On 03.10.2011, while on duty, in the IT Department of Divisional Office, the NTPS, Bhadravathi in the pretext of an enquiry for a statement, the petitioner was taken to police station on permission, as recorded by Manager, IT Divisional Office, Shivamogga. The Petitioner was kept in unauthorised police custody from 03.10.2011 to 06.10.2011 and from 06.10.2011 to 10.10.2011. The Senior Divisional Manager as the disciplinary authority suspended the petitioner for his detention in the police custody and the judicial custody for more than 48 hours, and recorded the order of suspension in the attendance register vide order dated 10.10.2011 with retrospective effect i.e., 03.10.2011. The order of suspension is erroneous without statutory provisions of law governed by the Life Insurance Corporation of India (staff) Rules, 1960.

4. It is contented that during the period of suspension the respondents have not paid the subsistence allowance from 03.10.2011, till the order of suspension was revoked. The petitioner submitted a representation to the respondents to pay the subsistence allowance from 03.10.2011 till the date of revocation. Despite submitting the representation, the re