H.S. RAI Vs. UOI

JUDGEMENT

(1.) The instant civil writ petition under Article 226 of the Constitution of India on behalf of the petitioner seeking the writ of certiorari thereby quashing the order dtd. 16/1/2003 and a writ in the nature of mandamus directing the respondents to reimburse the petitioner to the extent of his entitlement.

(2.) The petitioner was an employee with Projects and Development India Ltd. (hereinafter "PDIL"), which is a government undertaking and controlled by the Ministry of Chemical and Fertilizer, Government of India. The petitioner joined the PDIL in 1974 in the pay scale of Rs.400.00900/- and thereafter, was given regular pay scale of Rs.5400.009425/- since 1980 working as Deputy Project Manager.

(3.) The petitioner was served with a suspension order on 24/6/2002 issued by General Manager, PDIL, informing him about serious allegations against him for misappropriation of the company's money through reimbursement of medical expenses for abnormally large amount by submitting false, fictitious medical claim for self and family members. The petitioner was informed that during the period of suspension he would not be allowed to enter into the PDIL premises without a written permission of the competent authority, his ID card was surrendered and he was advised to sign the attendance sheet daily. He was made aware that he would be entitled to subsistence allowance during the period of suspension.