HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.19868 OF 2020

ORDER:

Heard Sri S.Ajay Kumar, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to call for the records from the 2^nd and 3^rd Respondents and issue an appropriate Writ Order of Direction particularly one in the nature of Writ of Mandamus declaring that the action of 3^rd Respondent in proceedings Rc. No. 1924/A3/201920 dated 06/07/2020 in withholding the subsistence allowance for the period from 03/08/2013 to 15/04/2019 stating that it will be huge loss to the State Government as illegal unjust contrary to law arbitrary contrary to FR 53 contrary to law laid down by the Honourable Supreme Court and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to release the subsistence allowance from 03/08/2013 to 15/04/2019 forthwith by granting all consequential benefits and pass…”

3. It is specific case of the petitioner that the petitioner was appointed as secondary grade teacher on 30.12.1997 and based on a false complaint the petitioner was placed under suspension vide proceedings dated 03.08.2013 till 16.04.2019, on the allegation of misappropriation of funds. The suspension order itself referred that the petitioner was eligible for the subsistence allowance during the period of suspension as per rules(FR 53). The petitioner’s further case is that during the entire suspension period the petitioner requested the authorities for the payment of subsistence allowance but the authorities did not consider the requests of the petitioner.

It is further the case of the petitioner that the petitioner was acquitted vide judgment dated 11.12.2017 passed by the District Court in criminal proceedings. Later on, 3^rd respondent issued disciplinary proceedings dated 29.04.2019 to the petitioner with the same set of article of charges as in the above said criminal proceedings, to which the petitioner submitted the detailed explanation denying the charges. Thereafter, a show cause notice was served on the petitioner to which the petitioner submitted the detailed explanation, subsequently, 3^rd respondent issued the impugned proceedings dated 27.05.2020 imposing major punishment of stoppage of two annual grade increments with cumulative effect and treating the period of suspension as eligible leave and the petitioner preferred appeal against the said proceedings and the same is still pending. Further case of the petitioner is that the petitioner submitted representations requesting the authorities to release his subsistence allowance for the period of his suspension but the same was rejected by the 3^rd respondent vide proceedings dated 06.07.2020 stating that the granting the subsistence allowance to the petitioner will be the huge loss to the state government. Aggrieved by the said proceedings petitioner preferred the present writ petition.

4. PERUSED THE RECORD:-

A. The impugned proceedings Rc.No.1924/ A3/ 2019-20, dated 06.07.2020 of the 3^rd respondent is extracted hereunder:-

Sri D.Nagarajkumar has absconded from duty from 12.06.2013 and was kept under suspension by the DEO Warangal vide reference 1" cited, for misusing the Govt. Funds. Later the individual has approached this office for Re-instatement on 25.6.2018. As per the instructions issued by the Commissioner, School Education Telangana. Hyderabad vide reference 3 cited, the individual was Re-

instated into service pending disciplinary action.

Later, the Charges are framed, defense statement obtained. Enquiry Officer appointed and Report obtained vide references 5th & 6th cited. Further the period of suspension was settled and punishment awarded vide reference 11^th cited as per the procedure laid down under CCA Rules.

Now, the individual is requesting for sanction of Subsistence allowance for the period of suspension