1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 6768 OF 2008 Vijay Himmatrao Nagare - - - - Petitioner versus Bhartiya Sanskrutik Sawardhan Shikshan Prasarak Mandal, Rajiv Gandhi Night College, Karmad and others. - - - - Respondents Shri A. A. Mishra, Advocate for the petitioner. Shri P. S. Patil, Advocate for respondent No.1. Shri S. R. Chowkidar, Advocate for respondent No.2. Shri K. M. Suryawanshi, Advocate for respondent No.3 to 5. Shri Shripad Kulkarni, Advocate for respondent No.6. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 29th September 2009 ORAL ORDER [ PER B. R. GAVAI, J.] 1. The petitioner challenges suspension pendente lite inquiry. Suspension of an employee during pendency of inquiry is a right of an employee. The only right that an employer has is to the 2 payment of subsistence allowance during the pendency of the inquiry. It is not the case of the petitioner that he is not being paid subsistence allowance. 2. The right of employer to suspend pending an inquiry could be curtailed only by a statutory provision. No provision is brought to our notice which requires prior approval of any of the authorities prior to issuance of suspension order. 3. In that view of the matter, no merit is found. Petition is dismissed. During the pendency of the petition, respondent employer was directed to deposit subsistence allowance in this Court which was permitted to be withdrawn by the petitioner. After the dismissal of the petition, the subsistence allowance as per the rules would be deposited in the account of the petitioner by the respondent management. ( N. D. DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp676808