A.K. JAIN Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) AS has been alluded in the Original Application, being involved in a criminal case registered vide FIR No. 12/2005, the applicant was placed under suspension vide Order No. F. II (55)/CC/CST/04 -05/183 dated 9.3.2005. By Order No. F. II (87) CC/CST/2005 dated 1.8.2005 (Annexure A -11), the Competent Authority ordered that he would get subsistence allowance equal to 75 percent of the leave salary, he could have drawn if he had been on leave on half average pay plus dearness allowance with immediate effect. As the suspension order that could not be reviewed in terms of Rule 10(6) of the CCS (CCA) Rules, 1965, the same was revoked vide Order No. F. II (104) CC/CST/2005/69 dated 11.8.2006 (Annexure A -III) w.e.f. 7.6.2005. Subsequently, the applicant was again placed under suspension vide Order No. F. II (104)/CC/CST/2005/174 -176 dated 25.8.2006. Finally, the respondents issued Order No. F. II/68/CC/CST/2005/325 -334 dated 8.9.2006 dismissing him from service. The order of dismissal was challenged by the applicant in OA No. 2546/2006 filed before this Tribunal, which was taken up for disposal along with a batch of petitions by Full Bench and disposed of in terms of order dated 31.8.2009. By said order, this Tribunal quashed the order of dismissal of applicant from service and ordered that he would remain under suspension and would be entitled to subsistence allowance from the date of dismissal. Para 31 of the order reads as under: -

(2.) THE statement of Mrs. Ahlawat and Mr. Pandita stands recorded and in view thereof, present contempt petitions are closed.

(3.) I have heard learned Counsel for parties and perused the record. The two salient propositions arising to be determined in the present OA are: