- (1.) Heard learned counsel for the parties. The writ petition was filed on 10.01.2013, during the period when the petitioner was under suspension i.e. from 04.11.2010 till his suspension was revoked on 22.11.2013. The petitioner came with a grievance that the respondents ought to have considered enhancement of the subsistence allowance on completion of 12 months of suspension in terms of statutory provisions contained in Rule 96(1)(a)(i) of the Jharkhand Service Code. Rule 96 of the Jharkhand Service Code is quoted hereunder:- 96.(1) A Government servant under suspension shall be entitled to the following payments, namely: (a) Subsistence grant at an amount equal to the leave-salary which the Government servant would have drawn, if he has been on leave, on half average pay, or on half pay and in addition cost of living allowance based on such leave salary: Provided that where the period of suspension exceeds twelve months, the authority which made or is deemed to have made the order of suspension, shall be competent to vary the amount of subsistence grant for any period subsequent to the period of the first twelve months, as follows- (i) the amount of subsistence grant may be increased by a suitable amount not exceeding 50 per cent of the subsistence grant admissible during the period of the first twelve months, if in the opinion of the said authority the period of suspension has been prolonged. For reasons to be recorded in writing, not directly attributable to the Government servant. (ii) the amount of subsistence grant may be reduced by a suitable amount not exceeding 50 per cent of the subsistence grant admissible during the period of the first twelve months, if in the opinion of the said authority, the period of suspension has been prolonged, due to reasons to be recorded in writing, directly attributable to the Government servant. (iii) the fate of cost of living allowance will be based on the increased or as the case may be, the decreased amount of subsistence grant admissible under sub-clause (i) and (ii) above. (b) [Any other compensatory allowance to which a Government servant may be entitled from time to time on the basis of pay, which he received] on the date of suspension: Provided that the Government servant shall not be entitled to that compensatory allowance unless the said authority is satisfied that the Government servant continues to meet the expenditure for which they are granted. (2) No payment under sub-rule (1) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. (3) The subsistence grant shall be subject to a minimum limit of Rs. 10 per month.
(2.) The petitioner's contention is that after being placed under suspension, he was charge sheeted on account of having been implicated in a criminal case being R.C. No. 20(A)/2009(R) relating to illegal procurement and utilization of bitumen. He was taken into custody on 14.02.2012. On 08.10.2012, he was released from custody. It has submitted, on his part, that during the period after his suspension before he was taken in custody on 14.02.2012, he attended 16 dates out of 17 dates fixed by the inquiry officer diligently. It is submitted that the record of the proceeding of the departmental enquiry which also contains communication issued by the Inquiry Officer, some of which are annexed in the writ petition such as letter dated 11.08.2011, 22.06.2012, Annexure-4 reveals that there was almost lack of co-operation from the Prosecuting officer and the documents sought for by the delinquent were not even supplied for a considerable length of time despite direction issued by the Enquiry officer. The Enquiry officer in fact remitted the file for further continuation of the enquiry to the department vide letter dated 22.06.2012. It is, therefore, submitted that the respondents ought to have considered enhancement of subsistence allowance in terms of Rule 96(1)(a)(i) of the Jharkhand Service Code, which has not been done.
(3.) It is contended that, the petitioner's suspension, during the pendency of the writ petition, has been revoked on 22.11.2013, however, that is not a ground to refuse enhancement of subsistence allowance during the period he was under suspension in terms of statutory rule.;