Case Note & Summary
The writ petition was filed by the petitioner challenging an order of suspension dated 25.01.2023, which was imposed due to alleged delinquency. The petitioner sought to quash the suspension order and requested to change his headquarters and receive subsistence allowance without deductions. During the proceedings, the Government Advocate informed the court that the suspension had been revoked on 06.08.2026, and a posting order would be issued shortly. Consequently, the court found the first prayer regarding revocation of suspension to be infructuous. However, the court allowed the petitioner to submit a representation for the subsistence allowance during the suspension period, directing the respondents to address this representation on its merits within eight weeks. The writ petition was disposed of with these directions, and no costs were awarded.
Headnote
A) Constitutional Law - Writ Jurisdiction - Revocation of Suspension - Article 226 of the Constitution of India - The petitioner challenged the suspension order and sought revocation along with subsistence allowance. The court noted that the suspension was revoked as per proceedings dated 06.08.2026, rendering the first prayer infructuous, and directed the respondents to consider the petitioner's representation for subsistence allowance within eight weeks. Held that the petitioner may submit representation for subsistence allowance (Paras 1-5).
Issue of Consideration
Whether the suspension of the petitioner should be revoked and if the petitioner is entitled to subsistence allowance during the suspension period.
Final Decision
The court disposed of the writ petition, finding the first prayer infructuous due to the revocation of suspension and allowed the petitioner to submit a representation for subsistence allowance, directing the respondents to consider it within eight weeks.
Law Points
- Article 226 of the Constitution of India
- subsistence allowance
- revocation of suspension
