GOVERNMENT OF NCT OF DELHI Vs. MAHENDER SINGH

JUDGEMENT

(1.) GOVERNMENT of National Capital Territory of Delhi has filed the present writ petition to assail the order dated 18th January, 2011 allowing O.A. No. 3111/2009 filed by Mr. Mahender Singh with the following directions:

(2.) IN the writ petition, various factual aspects have been mentioned but these to our mind are not relevant as these are allegations on the basis of which departmental proceedings have been initiated against the Respondent. The Respondent is facing prosecution under the Prevention of Corruption Act, 1988. He was suspended vide order dated 24th May, 2007 with effect from 23rd May, 2007. Subsequently, he was dismissed from service under Article 311(2)(b) of the Constitution by the disciplinary authority vide order dated 1st June, 2007 but this order was set aside in appeal by the appellate authority vide order dated 28th March, 2008. The operative portion of the order dated 28th March, 2008 passed by the appellate authority reads as under:

(3.) LEARNED Counsel for the Petitioner has submitted that in view of the directions given by the appellate authority, no subsistence allowance can be paid for the period 23rd May, 2007 to 2nd April, 2008. The said contention is without substance and is not supported by any rule or provision. The Petitioner is misreading the order of the appellate authority to mean that subsistence allowance has been denied for this period or the question of subsistence allowance will be decided only when the departmental proceedings are finally decided. The contention of the Petitioner cannot be accepted and accordingly we do not find any merit in the present writ petition and the same is dismissed in limine.