ARUP PRASAD KAIRI Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The case of the petitioner is that while working in the Eastern Coalfields Limited, i.e., the respondent no. 1, he got involved in a criminal case and has been facing trial before the learned Additional Sessions Judge, 3rd Court, Asansol. While the petitioner was in judicial custody, he was placed under suspension with 50% wages. He makes a grievance that the order of suspension was passed pursuant to the order, dated January 22, 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 his suspension from the service. He is being paid subsistence allowance at the rate of 50% of the wages though the rule provides for enhancement of subsistence allowance upto 75% of the wages after three months from the date of suspension. The petitioner made an application for revocation of suspension and enhancement of subsistence allowance which have not been acceded to.

(2.) The petitioner has, therefore, inter alia prayed for a writ in the nature of mandamus directing the respondents to set aside and quash the order of suspension and to pay enhanced subsistence allowance as per law which the petitioner is entitled to and for other reliefs.

(3.) The respondent no. 3 has specifically mentioned that the petitioner had not committed any misconduct in connection with the business of the company, but as a Government company the provision of the certified Standing Orders has to be followed in the present case.