Two dept charge sheets for same act & suspension without subsistence allowance

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Two dept charge sheets for same act & suspension without subsistence allowance

Viewing 0 reply threads
  • Author
    Posts
    • #1121

      You have the option to challenge the order of the division bench of the high court by filing SLP in the supreme court, if you are aggrieved by the high court order.

      Since, it appears that the division bench of the high court has ordered de novo / fresh inquiry by department, the department can conduct such inquiry, unless you get the high court quashed or modified from the Supreme Court.

      As regards payment of subsistence allowance during suspension, that appears to be wrong. You may go to appropriate court / tribunal for directing the department to pay the subsistence allowance.

      [But, if the high court itself has stated in its order that the period of dismissal which has to be considered as under suspension, will be without any payment of subsistence allowance, then that may be a different issue, and in that case, you may have to challenge that in the supreme court.]     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

Viewing 0 reply threads
  • The forum ‘Service and Labour Laws’ is closed to new Questions and replies.