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

[Anonymous]

Dear sir,If any employee got twice charge sheet from Department on the same set of fact once complete the Departmental proceeding,summit the charge and punish as dismissal form service.The dismissal order set a side by the hon’ble high court patna and petitioner directed to reinstated in service.But govt. Appeal and DB of hon’ble court modify the judgement dismissal order set a side is right but after 2and1/2 year put in suspension continue and de’novo enquiry initiate and prefer to complete within six months.Hear suspension period of employee more than 3 years.D B judgement annoyance on dt. 9 Aug .2016. No subsistence allowance paid for for period of suspension from 21.02.2014 to 31.08.2016.Is it right judgement against a single employee? Who suffering twice in the same set of fact? Events happen in 27 Dec 2011. Employee suffer from that date to till now.Criminal case of this matter is pending in the trial court.

[Dr. Ashok Dhamija]

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.]     

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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.

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