MD. YAHIYA KHAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking to quash the impugned suspension order dated 23.5.2015 and to reinstate him and to release the pay and allowances entitled by the petitioner from the date of his suspension till date.

(2.) According to the petitioner, while he was working, the Commandant, 4th Indian Reserve Battalion, Manipur, issued the impugned suspension order dated 23.5.2015 in contemplation of a disciplinary proceedings initiated against him. Since no subsistence allowance was given, on 12 .7.2016, the petitioner has submitted a representation to the Commandant, 4th Indian Reserve Battalion, requesting to revoke the suspension order and grant him subsistence allowance, as he is entitled to the subsistence allowance under the provisions of FR 53. Since no action was taken by the respondents for payment of subsistence allowance, the petitioner has filed the present writ petition.

(3.) The second respondent filed counter stating that the petitioner who was attached with CDO, BPR was absent with effect from 17.5.2015 till 23.5.2015 and during which he was arrested by Imphal West District Police on 19.5.2016 in connection with FIR No.68(5)2015. Hence, he was suspended with effect from 23.5.2015. As far as payment of subsistence allowance is concerned, the petitioner was asked to furnish a certificate that he is not engaged in any other employment, business, profession or vocation and till date the petitioner has not furnished non-engagement certificate. As per FR 53(2) no payment shall be made unless a Government servant furnishes a certificate that he is not engaged in any other employment, business or vocation. It is stated that whether sub-rule (6) of Rule 10 of CCS (CCA) Rules, 1965 is adopted or not is the subject matter in W.A.No.82 of 2016 and the same is still pending for disposal before this court.