BHUBANANANDA PANDA Vs. JAIPUR MUNICIPALITY

JUDGEMENT

(1.) THE Petitioner is a servant under the Jaipur Municipality. He was suspended on 4-4-68. Charges were served on him on 24-8-68. THEre was a sitting of the Enquiry Officer on 9-9-68. THE Petitioner was given time till 23-9-68 to file his explanation. On 23-9-68 the Petitioner filed his explanation. On 2-11-68 he asked for production of certain documents by the Municipality. THE matter was posted to 16-11-68. THE Municipality did not produce the records till 14-12-68. THE case was posted for hearing to 31-12-68. On that day the Petitioner was present but the Municipality took time till 10-1-69. On that day the petitioner took time and the case was adjourned to 2-2-69. Again the Petitioner took time till 23-2-69. On 23-3-69 the Municipality wanted time to produce the remaining records. On 20-4-69 the records were not produced and the Municipality again took time till 2-5-69. THE case was posted for hearing to 28-5-69. On 17-6-69 the Municipality filed a list of witnesses and summons were issued for 6-7-69. THE enquiry officer was busy otherwise on that day and the case was posted to 28-7-69. It was adjourned to 30-8-69 and again to 8-9-69. On 10-10-69 the Municipality passed a resolution reducing the subsistence allowance of the petitioner. THE writ application has been filed against this resolution on the ground that it is in contravention of Rule 90(1) (a) (ii) of the Orissa Service Code, Volume I.

(2.) RULE 90(1) (a) (ii) reads thus : "90(1) A government servant under suspension shall be entitled to the following payments; namely, ( a) a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn if he had been on leave on half average pay, or on half pay, and in addition dearness allowance based on such leave salary. Provided that where the period of suspension exceeds twelve months the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first twelve months as follows :- * * *