R P VERMA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The petitioner, who was working as peon in Fatehgarh Panjtoor Branch of the respondent-Bank, was put under suspension on 9-2-1991 and was served with a charge-sheet on 9-5-1991. A departmental enquiry was conducted against the petitioner, in which he was held guilty. Show cause notice was issued to him by the disciplinary authority. After the receipt of reply to the show cause notice, he was dismissed from service vide order dated 16-7-93, copy Annexure P-2 to the writ petition. However, on an appeal preferred by the petitioner against the order of dismissal, the order of termination was set aside. The appellate authority while setting aside the order of dismissal left open to the disciplinary authority to consider the holding of fresh enquiry. However, no subsistence allowance was paid to the petitioner during the period of his suspension till dismissal. In the present petition, the petitioner has prayed for issuance of a direction to the respondents to grant him 100% subsistence allowance to which he became entitled after one year of suspension.

(2.) On notice of motion having been issued, respondent-Bank has put in appearance and filed detailed written statement.

(3.) Learned counsel for the respondent-bank contends that the petitioner is not entitled to 100% subsistence allowance as he was dismissed from service.