Subrata Debbarma vs Oil And Natural Gas Commission And Ors.

Heard Mr. DC Roy, learned counsel appearing for the petitioner as well as Mr. AL Saha, learned counsel appearing for the respondents.

When the interlocutory application for interim direction was taken up, Mr. AL Saha, learned counsel appearing for the respondents has submitted that the respondents are ready to pay the subsistence allowance, but as the petitioner did not submit the non-employment certificate as required for release of the subsistence allowance they are not in a position to release the said allowance. Mr. DC Roy, learned counsel has submitted that on 23.08.2017, the petitioner has already submitted the non- employment certificate for release of his subsistence allowance.

The controversy in this writ petition hinges on the non- payment of the subsistence allowance by the respondents, after he was placed under suspension by the order dated 27.06.2017. In the said order dated 27.06.2017, it has been observed by the ONGC-respondents inter alia, as under:

"During the period of suspension, pay and allowances of Sri Subrata Debbarma will be regulated under Rule 12 of ONGC (Pay & Allowances) Regulations, 1972, as amended from time to time, subject to the condition that the certificate of non-employment is presented to the concerned disbursing officer by 25th of each month."

Since the petitioner did not submit such non-employment certificate, by the memorandum dated 16.08.2017, he was again reminded to submit such certificate for releasing his subsistence allowance. The ONGC-respondents have categorically stated by the memorandum dated 16.08.2017 that for the said reason the subsistence allowances could not be released as yet. However, the petitioner has additionally urged this court to direct the respondents to release the pay and allowances which was due to him before his suspension. He has categorically asserted that the pay and allowances for the period from March, 2017 to May, 2017 was not disbursed to him. Mr. Saha, learned counsel has submitted that after deduction virtually no payment was supposed to be made by the ONGC-respondents.

Mr. Roy, learned counsel has submitted that the ONGC- respondents had illegally deducted the sum from the pay and allowance of the petitioner as it would be reflected from the pay slip for the month of July,2017 (Annexure B to the I.A. 2 of 2017). Mr. Roy, learned counsel has further submitted that deduction of Rs. 1 (one) lac as made for REC White Goods has been made illegally and arbitrarily because the said amount was never received by the petitioner.

Be that as it may, this court is of the view that the respondents are liable to furnish the statement of deduction with reasons for the month from March, 2017 to May, 2017. If the petitioner has anything about the said deduction, the petitioner shall furnish his statement/reasons within 7(seven) days from the date of receipt of such statement from the ONGC- respondents. The ONGC-respondents shall furnish such statement to the petitioner within 15 days from the day when the petitioner shall submit a copy of this order. Thereafter, the ONGC-respondents shall decide afresh regarding the deduction and pay the amount, if any, after deduction to the petitioner. So far, the subsistence allowance is concerned, since the petitioner has by now submitted the non-employment certificate, this court is of the view that there shall be no difficulty in releasing the subsistence allowance, but while releasing the subsistence allowance, the ONGC-respondents shall bear in mind that the bare minimum deduction shall be made from the subsistence allowance as the very meaning of the subsistence allowance is that by that allowance the petitioner has to subsist with his family during the period of inquiry.

The other deduction may be deferred for the time being, but this aspect has been left to be decided by the ONGC- respondents. The respondents are directed to release the subsistence allowance to the petitioner by 15.09.2017 without fail. However, if the respondents are required to obtain any certificate from the petitioner, the petitioner shall co-operate with the respondents in this regard. It is made clear that if the petitioner could not immediately submit the said certificate, the subsistence allowance shall be released but the petitioner shall remain obligated to file such certificate within a period of fortnight from the day of requisition else the respondents shall be at liberty to stop the release of the subsistence allowance.

In view of this, the writ petition stands allowed to the extent as indicated above. No order as to costs. Copy of the order be furnished to the counsel of the parties as early as possible.