In a writ petition, the High Court directed the respondent cooperative society to conclude pending disciplinary proceedings against a suspended employee within two months and acknowledged entitlement to subsistence allowance.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
PRESENT
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.1599 OF 2002
DATED:08.4.2010
Between: B. Poshetty … Petitioner And
Primary Agricultural Cooperative Credit Society, Renjal, Rep. by its President (Person-in-charge) Renjal Mandal, Nizamabad District … Respondent
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.1599 OF 2002
ORDER:
The petitioner, an employee of the Primary Agricultural Cooperative Credit Society, Renjal, was placed under suspension pending disciplinary proceedings by order dt.23.04.1998. The grievance canvassed in this Writ Petition is with regard to the inaction of the respondent – society in paying subsistence allowance to the petitioner and in concluding the disciplinary proceedings.
By interim order dt.20.8.2002, this Court directed the respondent – society to pay subsistence allowance to the petitioner from the date of his suspension, i.e., 03.3.1998, pending the disposal of the Writ Petition. Sri L.J. Veera Reddy, learned counsel for the petitioner, states that the respondent – society has not concluded the disciplinary proceedings till date.
Though the respondent – society entered appearance through a Counsel, it has not taken any steps to contest the matter by filing its counter affidavit. There is no representation on behalf of the respondent – society today when the matter is taken up for hearing.
As the petitioner was placed under suspension in the year 1998 and more than a decade has been passed since then, it would be in the interest of justice for the respondent – society to conclude the disciplinary proceedings and pass final orders thereon, if not already passed, within a period of two months from the date of receipt of a copy of this order. Needless to state, if the petitioner is continued under suspension till date, pursuant to the interim order passed by this Court he would be entitled to payment of subsistence allowance for the entire period.
The Writ Petition is accordingly disposed of with the above
directions. In the circumstances, without costs.
SANJAY KUMAR, J
08.04.2010
bnr
2 issues framed by the court
Whether the respondent society must conclude pending disciplinary proceedings against a suspended employee within a specified time limit.
Whether a suspended government employee is entitled to subsistence allowance if disciplinary proceedings remain incomplete beyond the interim period.
B. Poshetty
Primary Agricultural Cooperative Credit Society, Renjal
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
