V.VIMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Though the relief sought for in the present writ petition is for a direction to direct the respondents to pay subsistence allowance to the writ petitioner at the rate of 75% with effect from 1.7.2014, this Court prefers to mould the prayer for the purpose of adjudicating the validity of the continuous suspension of the writ petitioner for more than 5-1/2 years.

(2.) This Court is of an opinion that keeping an employee under suspension for an unspecified period is not desirable. So also considering the relief sought for in the present writ petition for more than 75% subsistence allowance is also undesirable in view of the fact that paying the subsistence allowance of 75% without extracting the work from the writ petitioner-employee is a financial loss to the State Exchequer.

(3.) For that the instances are to be avoided to keep an employee under suspension for a prolonged period also to be avoided. So also paying the enhanced subsistence allowance without extracting the work from the employee must also to be avoided by the competent authorities. A solution under these circumstances are to revoke the order of suspension and post the delinquent employee in anyone of the non- sensitive post till the conclusion of the departmental disciplinary proceedings as well as the criminal case, which is now pending before the Competent Court of Law.