N. Balaian v. Special Officer, Thanjavur Co-operative Housing SocietyT-1304
2015-01-02
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. The petitioner is aggrieved against the order of suspension dated 08.02.2013. The petitioner was functioning as the Secretary of the Thanjavur Co-operative Housing Society. By the impugned proceedings, he was placed under suspension with effect from 08.02.2013, based on certain allegations. 2. Heard the learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent. 3. The petitioner submits that even though the suspension order was issued as early as on 08.02.2013, the disciplinary proceedings have not been completed so far and the petitioner was also not paid the subsistence allowance. 4. A counter affidavit is filed by the respondent wherein it is stated that the petitioner was placed under suspension in view of the serious irregularities and illegalities committed by him and also based on the reasons that he got indulged against the interest of the Society for extraneous consideration. Further, it is stated in the counter affidavit that there was a lapse in the said enquiry and by the concerned authority in considering the by-laws and therefore, re-enquiry was ordered. 5. The learned Standing Counsel appearing for the respondent submitted that the second enquiry was initiated on 22.02.2013 and the enquiry proceedings are still pending. 6. Considering the fact that the petitioner was placed under suspension based on certain allegations and irregularities said to have been committed by the petitioner, this Court is not interfering with the order of suspension as the competency of the authority is not in question. However, as the enquiry is still pending, this writ petition is disposed of, with a direction to the respondent to complete the enquiry and pass final orders within three months from the date of receipt of a copy of this order. It is made clear that this Court is not going into the merits of the case and the charges levelled against him. As the petitioner was placed under suspension, he is entitled to get the subsistence allowance from the date of order of suspension. 7. At this juncture, the learned Counsel appearing for the petitioner submits that till this date, no subsistence allowance was paid to the petitioner. Therefore, the respondent is directed to pay the subsistence allowance from the date of suspension till the final order is passed.
7. At this juncture, the learned Counsel appearing for the petitioner submits that till this date, no subsistence allowance was paid to the petitioner. Therefore, the respondent is directed to pay the subsistence allowance from the date of suspension till the final order is passed. The respondent shall pay the subsistence allowance with arrears within a period of four weeks from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous petition is closed. No costs.