ffQ {2457/ @ a 1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.(s) No. ‘37 ‘4 g OF 2009 PETITIONER : / Sada Shiv Konher O‘M 3&3‘ 2/ S/o Lategg. Konher, Aged about 58 years, Manager (Under Suspension), Currency Chest, Vivekanand Ashram Branch, Central Bank of India, Raipur. R/o Sundar Nagar, Raipur, District Raipur (CG) RESPONDENTS 1 " 1. Central Bank of India, Through Managing Director, Corporate Office-Chandramukhi Nariman Point, Mumbai Distt. Maharashtra. Chief Branch Manager, Vivekanand Ashram Branch, Central Bank of India, Raipur, Distt. Raipur (CG) ,3. Assistant General Manager/ Disciplinary Authority, Central Bank of India, 1st Floor, Block—C, Bombay Market, GE Road, Raipur, Distt. Raipur (CG) Regional Manager, Central Bank of India, Zonal Office, Raipur, Dist. Raipur (CG) /’2 . WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 7148 of2009 PETITIONER : Sada Shiv Konher. (In Jail) VERSUS RESPONDENTS : Central Bank oflndia 8: Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Eon’ble Shri Satish K. Agnihotrh J. Present: Ms. Farah Minhaz, Advocate for the petitioner. Shri B.D.Guru, Advocate for the respondents. ORAL ORDER (Passed on 20m day of Jmuary, 20 10) 1. Despite sumciom opportunity granted to the respondents-Bank, no reply has been tiled as yet. 2. The petitioner was placed under suspension by memo dated 13'” April, 2009 (Annexure P/l) wherein it was clearly provided that the petitioner would be paid subsistence allowance as per Regulation 12(I)(a) of Central Bank of India Oflicer Employees’ (Discipline & Appeal) Regulations, 1976 (for short ‘the Regulations, 1976 ’). It was clearly mentioned in the said memo that the petitioner would be paid subsistence allowance as per Regulation 14 ofthe Regulations, 1976 on his submitting a certificate that he was not engaged in any other business, employment, profession or vocation. 3. Shri Guru, learned counsel appearing for the respondents submits that amt f suspension, the petitioner has not reported to the Headquarter, thus, the petitioner has been denied subsistence allowance 4. Regulation 14 ofthe Regulations, 1976 reads as undern “14. SUBSISTENCE ALLOWANCE DURING SUSPENSION (1) An officer employee who is placed under suspension shall, during the period of such suspension and sulject to sub regulations (2) to (4) be entitled to receive payment dam the bank by way of subsistence allowmce on the following scale, namely:- (a) Basic Pay: (i) For the first tln'ee months of mspension 1/3 ofthe bwc pay which the omcer employee was receiving on the date prior to the date of suspension inespective of the nature of enquiry. (ii) For the subsequent period after three months nom the date of suspension —- (l) Where the enquiry is held departmentally, 1/2 of the basic pay, the officer employee was drawing on the l date prior to the date of suspension; and (2) where the enquiry is held by an outside agency, 1/3 of the basic pay for the next three months and 1/2 ofthe basic pay for the remaining period of suspension. (b) Allowances: For the entire period of suspension, deamess allowance and other allowances excepting conveyance allowance/entertainment allowance and special allowance will be calculated on the reduced pay as specified in items (i) and (ii) of clause (a) and at the prevailing rates or at rates applicable to similar category of odioers. (2) If an officer under suspension continued to occupy the rent nee quarters provided to him by the Bank, a rent equal to ten percent of the subsistence allowance payable to the officer may be collected as monthly rem for the premises oceupied by him. (3) No onicer employee of the bank shall be entitled to receive payment of subsistence allowance unless he iiimishes a certificate that he is not engaged in any other employment, business, profession or vocation. (4) If, during the period of suspension an omeer employee retires by reason of his attaining the age of superannuation, no subsistence allowance shall be paid to him from the date ofhis retiremen .” Q5 . On bare perusal of the above Regulation and the impugned suspension memo dated 13”“ April, 2009, it is clear that there is no such pre-condition of reporting to the Headquzmer atter being placed under suspension for grant of subsistence allowance. The ground that since the petitioner has not reported to the Headquai'tei‘, he was not paid any subsistence allowance, raised by Shri B.D.Guru, counsel for the respondents is rejected in View of the above stated fact and legal provision. 6. For the reasons aforestated, the petitioner is entitled to subsistence allowance immediately after being placed under suspension. The only condition is that the petitioner should furnish a ceitificate that he is not engaged in any other employment. business, profession or vocation. 7. According to learned counsel for the petitioner, the petitioner is not engaged in any other vocation or profession. Even otherwise, if the petitioner is required to tile a certificate, the petitioner undertakes to tile the same Within a period of 10 days irom today. 8. In View of the provisions of Regulations, 1976, the petitioner is entitled to subsistence allowance aiter tiling of the certiiicate as aforestated. The petitioner shall be gamed subsistence allowance from the date of his suspension i.e. 13‘“ April 2009. The petition is accordingly allowed l Sd/- I 9. No order asto costs. Q.—u " Satish Kngnismri i s r .Jndg’e ‘ Amit