NK MOCHIHAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Khanna, CJ - This appeal has been filed against the Judgment dated 3,1.96 of (he learned single Judge given in Civil Rule No; 5575/95 by which the learned single Judge after taking into account the decision given in the earlier Civil Rule No. 537/94 dated 9.3.95 between Che same parties has ordered that the suspension allowance which is due shall be paid within a period of one month from the date of receipt of the order passed by the learned single Judge, A rider has also been placed that the enquiry will not proceed without payment of subsistence allowance.

(2.) We have heard Mr. R.D. Lal, learned counsel appearing for the petitioner/appellant and Mr. K.N.Choudhury learned Senior Central Government Standing Counsel appearing on behalf of the respondents.

(3.) Mr. R.D. Lal, learned counsel appearing on behalf of the appellant, has urged that after setting aside of the dismissal order by the learned single Judge in the earlier Civil Rule, the petitioner/appellant would be deemed to have been reinstated in service; and the stand taken by the respondents that the appellant would be deemed to be under suspension is not in accordance with the law, Mr. Lal has relied on a decision of Calcutta High Court reported in AIR 1956 Cal. 447 (Probodh Chandra Ghost Vs. Executive Engineer, Canals Division & ors.) for the aforesaid proposition.