Intra-Court Appeal challenging Single Judge's order granting enhanced subsistence allowance (75%) during prolonged suspension. Court upheld the order, citing seven-year delay and lack of speaking order for continued suspension, finding the remedy equitable under Ajay Kumar Choudhary principles.
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THE HON’BLE SRI JUSTICE G.NARENDAR
AND
THE HON’BLE SRI JUSTICE NYAPATHY VIJAY
W.A. No. 381 of 2021
JUDGMENT: - (per Hon’ble Sri Justice G.Narendar)
1 (2015) 7 Supreme Court Cases 291
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pass a speaking order holding the continued suspension as necessary.
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_________________ G.NARENDAR , J
_____________________ NYAPATHY VIJAY , J
Date: 08.02.2024 PKR/SM
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THE HON’BLE SRI JUSTICE G.NARENDAR
AND
THE HON’BLE SRI JUSTICE NYAPATHY VIJAY
140
W.A. No. 381 of 2021
Date: 08.02.2024 PKR/SM
2 issues framed by the court
Whether indefinite suspension without speaking order is justified?
Whether enhanced subsistence allowance is equitable remedy for prolonged suspension?
Colour shows how this judgement treated each authority
Ajay Kumar Choudhary Vs. Union of IndiaRelied on¶9
Ajay Kumar Choudhary Vs. Union of India through its Secretary and Another (2015) 7 Supreme Court Cases 291
Appellants
Respondent
G.NareNDAR
NYAPATHY VIJAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
