ssp 1 CAL 119 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.119 OF 2011 IN LETTERS PATENAT APPEAL NO.91 OF 2011 IN WRIT PETITION NO.1172 OF 2011 Regional Executive Director (I), Maharashtra State Electricity Distribution Company Ltd. and Ors. .....Applicants versus Ravindra Raghunath Divekar ..... Respondent Mr.Abhishek Pungliya i/by M/s.M.V.Kini & Co., for the applicants. Mr.Kiran S. Bapat with Mr.T.R.Yadav, for the respondent. CORAM: P.B.MAJMUDAR & A.A.SAYED, JJ. DATE: 22 nd JUNE, 2011 P.C. : 1. Rule. Heard the learned counsel appearing in the matter. It is not in dispute that the respondent is suspended in connection with serious misconduct alleged against him and a prosecution under Anti- Corruption Act, is pending against him. In our view, the order passed by the Industrial Tribunal dated 13-01-2011, which is confirmed by the learned Single Judge is required to be stayed. The order of the Industrial Tribunal is accordingly stayed. 2. In the meanwhile, without prejudice to the rights and contentions of both the sides, appellant is directed to pay 75% subsistence ssp 2 CAL 119 of 2011 allowance to the respondent from 01-06-2011 and it shall be paid regularly till the appeal is decided. 3. The grievance of the respondent is that he is entitled to receive 100% subsistence allowance, which has not been paid to him. Whether respondent is required to be paid 100% amount of subsistence amount, will be considered at the time of final hearing. Appellant to consider this aspect while calculating the amount payable to the respondent towards subsistence allowance. In case for whatever reasons, the appeal is not taken up for hearing and hearing is delayed, it will be open to the respondent to apply for increase in subsistence allowance in accordance with law. 3. Civil application is disposed of in the aforesaid terms. ( A.A.SAYED, J. ) ( P.B.MAJMUDAR, J. )