ARUP PRASAD KAIRI Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The appeal is arising out of an order dated 15th February, 2019 in a writ application filed by the appellant against the continuation of the suspension order handed down to him in view of pendency of a criminal case presently being tried by the learned Additional Sessions Judge, 3rd Court, Asansol.

(2.) While the appellant was in judicial custody, he was placed under suspension with 50 per cent wages. He made a grievance that the order of suspension was passed pursuant to the order dated 22nd January, 2015, passed by the learned Additional Sessions Judge, 3rd Court, Asansol and the order of the competent authority, as mentioned in the order of suspension, did not speak anything about the suspension from service. In the writ proceeding, he has also raised grievance about the retention of subsistence allowance being paid to him during the period of suspension without enhancing it upto 75 per cent of the wages after three months from the date of suspension.

(3.) The writ petition was heard without affidavits. The learned Single Judge considering the fact that clause 28.9 of the Certified Standing Orders gives a power to the employer to suspend an employee during pendency of all criminal cases. In the instant case, the appellant is facing a trial for a grave offence involving moral turpitude, the authority concerned was justified in keeping the appellant under suspension.