High Court of Madras granted direction for payment of subsistence allowance to a suspended employee and ordered completion of departmental proceedings within four months based on Article 21 rights.
Directed respondent to conclude disciplinary proceedings within four months and pay subsistence allowance and arrears immediately.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2015
CORAM:
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.NO.10526 OF 2015
N.Sekar ... Petitioner
Versus
The District Manager
Tamil Nadu State Marketing Corporation Ltd., (TASMAC)
No.59-A, Ware Housing Corporation,
Chennai Trunk Road,
Villupuram – 605 602. ... Respondent
PRAYER: Writ petition filed under Article 226 of the Constitution of
India praying for the issuance of Writ of Mandamus, directing the
respondent to pay subsistence Allowance to the petitioner and to
conclude the departmental enquiry at the earliest.
For Petitioner : Mr.K.Sasindran
For Respondent : Mr.S.Muthuraj
Standing Counsel for TASMAC
O R D E R
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondent to pay subsistence Allowance to the petitioner and to conclude the departmental enquiry at the earliest.
Heard both sides. By consent, the writ petition is taken up for final disposal at the admission stage itself.
2.The prayer in the writ petition is for a direction to the respondent to pay subsistence allowance to the petitioner and to conclude the departmental enquiry at the earliest.
3.It is well settled that an employee, who is placed under suspension, cannot be denied subsistence allowance, which amounts to violation of Article 21 of the Constitution of India. Hence, the respondent is liable to pay subsistence allowance to the petitioner
during the period of suspension, till the conclusion of the departmental proceedings.
4.Accordingly, the respondent is directed to conclude the disciplinary proceedings and pass final orders, within a period of four months from the date of receipt of a copy of this order. If subsistence allowance is not paid to the petitioner so far, the respondent is also directed to pay the subsistence allowance and arrears shall be paid within a period of four weeks from the date of receipt of a copy of this order and thereafter, the subsistence allowance shall be paid on or before 10th of every succeeding month, till final order is passed.
5.With the above direction, the writ petition is disposed
of. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
VRC/TK
To
The District Manager,
Tamil Nadu State Marketing Corporation Ltd. (TASMAC)
No.59-A, Ware Housing Corporation,
Chennai Trunk Road,
Villupuram – 605 602.
1 cc to Mr. K.Sasindran,Advocate, SR.No.20059 1 cc to Mr.S.Muthuraj ,Advocate, SR.No.20320
W.P.NO.10526 OF 2015 sai(co) pmk.27.4.2015
2 issues framed by the court
Whether an employee placed under suspension is entitled to subsistence allowance under Article 21 of the Constitution of India.
Whether the writ petitioner can be directed to conclude departmental proceedings within a fixed period
2 provisions across 1 enactments
N.Sekar
The District Manager
D.HARIPARANTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
