UNION OF INDIA Vs. B R DAVE

JUDGEMENT

(1.) Both these petitions raise common questions between the common parties and arising out of common judgment of the Central Administrative Tribunal, in O.A. No. 177 of 1990, and also upon common request, they are being dispose of by this common judgment.

(2.) Whether, non-payment of subsistence allowance during the pendency of the departmental inquiry against the employee by the employer, would vitiate the inquiry and, if yes, what should be the amount of payment or compensation during that period? are the main issues in focus in these two petitions.

(3.) Special Civil Application No. 3297 of 1998 is at the instance of the employer (First Petition), whereas, Special Civil Application No. 13493 of 2000 is at the instance of the employee (Second Petition), arising out of one and same judgment, dated 16.1.1998, rendered by the Central Administrative Tribunal, Ahmedabad Bench ('CAT-A'), in O.A.No. 177 of 1990, whereby, the impugned punishment of termination of service passed against the employee, as a result of domestic inquiry, on the ground of misconduct, misappropriation and lack of devotion to duty, came to be quashed, with a further direction to the disciplinary authority to get a fresh inquiry held from the stage of charge-sheet and to pay lump-sum amount of Rs.3,000.00 representing ex-gratia payment (subsistence allowance) for the past period till the impugned order and to continue to pay subsistence allowance during the period of inquiry at the rate not exceeding 50% of the wages which the employee would be entitled to receive had he not been under put off duty, till the inquiry would be completed and final order would be passed by the disciplinary authority and also with a further direction that the claim for backwages and reinstatement from the date he was put off duty shall depend upon the result of the disciplinary inquiry and it shall be the duty of the disciplinary authority to take decision in this regard on the completion of the disciplinary proceedings and to communicate the same to the employee, without any order as to costs.