Case Note & Summary
The petitioner, Shri Sambhaji Maruti Gutte, was appointed as a Peon in the Residential Deaf and Dumb School, Hingoli (respondent no.5) in 1992. The school is managed by respondent no.4 trust and receives grants-in-aid from the government since 1996. The District Social Welfare Officer approved his appointment permanently in 2000. However, on 16-07-2002, respondent nos.4 and 5 terminated his services without following due process or principles of natural justice. The petitioner appealed to the Divisional Social Welfare Officer (respondent no.2), which was registered as Appeal No.9/2004. During the pendency of the appeal, the petitioner was reinstated but placed under suspension by order dated 14-12-2005. The suspension order was passed without any show cause notice or opportunity of hearing. The petitioner challenged the suspension order and sought payment of subsistence allowance for the suspension period. The court examined the legality of the suspension order and the entitlement to subsistence allowance. The court held that the suspension order was illegal as it was passed without following principles of natural justice and without payment of subsistence allowance. The court directed the respondents to pay the petitioner subsistence allowance for the entire suspension period with interest at 6% per annum from the date it became due until actual payment. The court also quashed the suspension order dated 14-12-2005.
Headnote
A) Service Law - Suspension - Validity of Suspension Order - Suspension order without payment of subsistence allowance is illegal and unsustainable - The court held that suspension without subsistence allowance violates Article 21 of the Constitution and principles of natural justice (Paras 2-10). B) Service Law - Subsistence Allowance - Entitlement - An employee under suspension is entitled to subsistence allowance as per rules - Non-payment of subsistence allowance renders suspension order invalid - The court directed payment of subsistence allowance with interest at 6% per annum (Paras 11-15).
Issue of Consideration
Whether the suspension order dated 14-12-2005 is valid and whether the petitioner is entitled to subsistence allowance for the period of suspension.
Final Decision
The court allowed the writ petition, quashed the suspension order dated 14-12-2005, and directed respondents to pay subsistence allowance for the entire suspension period with interest at 6% per annum from the date it became due until actual payment.
Law Points
- Suspension order without subsistence allowance is illegal
- Principles of natural justice must be followed before suspension
- Right to subsistence allowance is a fundamental right under Article 21
- Maharashtra Civil Services (Discipline and Appeal) Rules
- 1979
