Gokal Chand Mital, J. - (1.) The point involved in this petition is whether a suspended government employee is to report in the office to which he is attached during the period of suspension and if he does not do so whether he can be removed from service on the ground that h e violated the order or wilfully absented himself. Similar point was under consideration before a Division Bench of this Court in C.W.P. No 4618 of 1985, Ramesh Chander Chugh Vs. Haryana State Electricity Board, By order dated 14-1-1986 the hearing of this case was postponed till the matter was heard by the Division Bench.
(2.) The Division Bench has decided C.W.P. No. 4518 of 1985 on 8-7-1936 and it ruled that during the period of suspension the government employee cannot be directed to attend the office and if he does not do so he neither violates any order nor can be treated as absent. In the present case, order Annexure 'P-1 dispensing with the services of the petitioner, has been passed because he did not report in the office to which he was attached during the suspension period muchless every day which was considered as violation of the order. In view of the aforesaid Division Bench judgment, order Annexure 'P-l' cannot be sustained and the same is hereby quashed.
(3.) In order Annexure P-l' by which the petitioner was placed under suspension, it is mentioned that he would be entitled to subsistence allowance provided he reports himself at his headquarters to the officer concerned. As the petitioner did not report, he was not paid the subsistence allowance. Since he was not obliged to attend the office, the subsistence allowance could not be withheld. This view also finds support from Gangavathi S.S Vs. Chairman and M.D. Karnataka Land Army Ltd. and another, 1984 (3) SLR 493.;