Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | subsistence allowance delayed payment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Subsistence allowance - Delayed payment - Effect of - Suspension - Departmental proceedings - Non-participation of employee - In ex parte proceeding, employee found guilty of misconduct - Termination of service - Administrative Tribunal holding that employee himself was responsible for delayed payment of subsistence allowance - High Court holding that delayed payment was violative of principles of natural justice - On appeal, held: It was necessary for the High Court to arrive at a decision whether non-payment of subsistence allowance caused prejudice to the employee - Hence matter, remitted to High Court - Madhya Pradesh Fundamental Rules - r. 53 - Principles of Natural Justice.Respondent-employee was placed under suspension by order dated 4.9.1982. In the order it was stipulated that subsistence allowance would be paid to him in terms of Rule 53 of Madhya Pradesh Fundamental Rules. During the course of departmental proceedings, out of eighteen dates, respondent attended the hearing only on five dates. Thus in ex parte departmental proceeding, he was found guilty and consequently his services were terminated. Respondent collected his subsistence allowance for the period 4.9.1982 to 20.9.1982 in January 1985 and payment till September, 1984 was made in February 1987. Departmental appeal against the order of termination was dismissed. In the original application filed by him, State Administrative Tribunal held that no case was made out for interference with the order of disciplinary authority. On the question of non-payment of subsistence allowance, it held that respondent himself was responsible for delayed payment. In writ petition, High Court held that non-payment of subsistence allowance amounted to violation of principles of natural justice.In appeal to this court, appellant-State contended that order of High court was wrong as the respondent had not shown any prejudice with regard to non-payment of subsistence allowance. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1287 |
Petitioner | State Government Of M.p. & Ors. |
Respondent | Shankarlal |
SCR | [2007] 13 S.C.R. 542 |
Judgement Date | 2007-12-13 |
Case Number | 587 |
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