ABHISHEK MUKHERJEE Vs. BOARD OF TRUSTEES

JUDGEMENT

(1.) The writ petitioner had joined the service of the Kolkata Port Trust (KoPT) as a Senior Medical Officer on probation vide Appointment Letter dated June 21, 2016, initially for a period of two years, and was posted at the Centenary Hospital. The petitioner was posted in the female ward, but was served with a suspension order dated February 13, 2018, in contemplation of a disciplinary proceeding. He was granted the liberty to draw subsistence allowance during the period of such suspension, subject to obtaining previous permission of the Deputy Chairman, Kolkata Port Trust before leaving the Headquarters. A rider was added to the suspension order to the effect that if the petitioner wanted to draw subsistence allowance during any period of suspension, he might apply for payment of the same, enclosing a certificate stating that he had not been employed in any business or vocation for profit/remuneration of salary during the said period.

(2.) Accordingly, subsistence allowance was being paid to the petitioner and the suspension order continued to be renewed from time to time.

(3.) The petitioner preferred a writ petition, bearing W.P. No. 441 of 2018, against the suspension order and the initiation of disciplinary proceedings, which culminated in the charge-sheet against the petitioner being quashed and in a direction for payment of full salary towards subsistence allowance, since the service Regulations did not prescribe a rate of subsistence allowance.