T. Gaya Prasad vs Managing Director, Andhra Pradesh State Housing Corporation, Hyderabad and others

The petitioner-delinquent complaining that though the 1st respondent placed the petitioner under suspension in contemplation of a departmental enquiry by the proceedings dated 6-7-1997, till date no charge-memo is issued to the petitioner nor the petitioner is paid subsistence allowance in terms of Regulations, has filed this writ petition seeking intervention of the Court. It is quite often emphasized by the Courts that when the Disciplinary Authority thinks it appropriate to place an employee under suspension in contemplation or pending departmental enquiry, the disciplinary authority is expected to conduct, complete enquiry with promptitude and diligence and it cannot take its own sweet time. This is a worst case inasmuch as even Charge-memo is not yet issued to the petitioner. Similarly, if the allegation of the petitioner that he is not paid subsistence allowance is correct, then again, the refusal of the disciplinary authority to pay subsistence allowance will be a very serious violation of law. It is now concluded by the pronouncement of the Supreme Court that denial of subsistence allowance to a delinquent pending departmental enquiry would violate the right guaranteed to him under Article 21 of the Constitution of India and the departmental enquiry will be a farce.

However, Sri V. Ch. Naidu, learned Standing Counsel for the respondent, on behalf of the respondent-Disciplinary authority and on instructions, undertook to conduct, complete and pass appropriate orders within a period of three months from today. The undertaking given on behalf of the respondents is placed on record. The writ petition is therefore disposed of directing the respondent-disciplinary authority to conduct, complete and pass appropriate orders in the departmental enquiry within a period of three months. Further, the 1st respondent-disciplinary authority is directed to pay subsistence allowance to the petitioner - delinquent in accordance with the relevant regulations, if not paid already, regularly, and the arrears of the subsistence allowance, if any, shall be paid to the petitioner within a period of two weeks from the date of receipt of a copy of this Order. No costs.