ANJAR MIA Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) HEARD Mr. K.B. Sinha, learned counsel appearing for the appellant and Mrs. Banani Verma, learned counsel appearing for the respondents.

(2.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 5 -8 -97 passed in C.W.J.C. No. 1357 of 1996 (R) whereby learned single Judge, although granted some relief to the petitioner -appellant regarding payment of retiral dues after superannuation, but affirmed the order passed by the respondent in departmental proceeding and disallowed the claim of the petitioner for payment of remuneration during the period of suspension.

(3.) WE have gone through the memo of charge and the order of punishment, copies of which have been annexed in the writ petition. In the charge -sheet -cum -suspen -sion order dated 25 -9 -86, it was mentioned in para -4 that during the pendency of the enquiry, the petitioner who is put under suspension, shall not leave the station and shall be called upon on all working days in office at 10.30 a.m. for getting his presence and for receiving any instruction and communication relating to him and then he may leave the office after such action is taken. In the order of punishment, it is simply mentioned that there shall be stoppage of two increments with cumulative effect. There is nothing in the punishment order that the petitioner is not entitled to get his basic pay and other remuneration during the period of suspension excepting subsistence allowance.