HANNCILAL VAIPHEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Kh. Tarunkumar, learned counsel appearing for the petitioner as well as Mr. S. Nepolean, learned G. A. appearing for the respondents.

(2.) THE petitioner, who is now serving as Assistant Teacher, by filing this writ petition, is praying for a direction to the respondents to pay subsistence allowance for the period during which the petitioner was under suspension. While the petitioner was serving as an Assistant Teacher of Thiankhokam Aided Jr. High School, Churachandpur District, in view of the letter dated 24. 5. 2000 written by the Director of Education (S), Govt. of Manipur and also the letter dated 29. 5. 2000 written by the Z. E. O. , Churachandpur Manipur, he was barred from getting annual increment with immediate effect under an order dated 5. 6. 2000 issued by the Secretary, Thiankhokam Aided Jr. High School. The said order dated 5. 6. 2000, further, debared the petitioner from enjoying senior scale, selection grade and also from promotion till he got a clean chit from the authority investigating into the case against the petitioner.

(3.) THE respondent No. 2, filed an affidavit in-opposition stating that the petitioner is found involved in a criminal case for which charge sheet had already been submitted and at present the accused (petitioner) is facing special trial Case No. 60/2000 before the Special Judge, Manipur West. In the affidavit, the respondent No. 2, further, states that as the petitioner is involved in the fraudulent withdrawal of Rs. 61. 5 lakhs, question of immediate payment for his back wages does not arise. In the affidavit-in-opposition filed by the respondents, nothing is mentioned as to the entitlement of the petitioner to subsistence allowance for the period during which the petitioner was under suspension.