GANESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ashok Kumar Dwivedi, learned Counsel for the petitioner as well as Sri S.S. Sharma and Sri Sandeep Mukherjee, learned Standing Counsel for the State.

(2.) IN this writ petition, writ of mandamus has been sought directing the respondents to pay the salary' of the petitioner due from the suspension order dated 25.3.1992 and to pay the salary of the petitioner in future regularly. It appears that petitioner was appointed as Assistant Salesman in Central Consumer Co ­operative Stores Ltd., Azamgarh in the year 1986 and while working as such was invoked in embezzlement, and misappropriation of fund, dereliction of duty, inefficiency, causing financial loss to the department and facts to such affects have been narrated in Paras 4 -a, b, c, d and e of the counter affidavit for such allegations the petitioner was placed under suspension on 25.3.1992 (Annexure -5 to the writ petition).The petitioner is asking for the salary for the period of suspension.

(3.) IT has also been brought to the notice of this Court by learned Counsel for the petitioner that the petitioner is no more in service, however he could not indicate the exact date and in what circumstances he is not in service i.e., by virtue of superannuation, removal or retirement or any other manner. However, if the petitioner has not received the subsistence allowance the petitioner is only entitled of subsistence allowance for the period of 10.8.1992 till revocation of his suspension if he has not been paid any subsistence allowance earlier during the suspension period. The salary of the petitioner from 23.5.1992 could only be given to the respondent/employee if the continued employment of the petitioner in the said department is acknowledged in accordance to the law otherwise for suspension period he is only to get subsistence allowance.