lpa339.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 339 OF 2010 Raja Shiv Chatrapati Vidya Prasarak Mandal & another .. APPELLANTS. VERSUS Sudhakar s/o Shridhar Aware & others .. RESPONDENTS Mr. L.V. Sangit, advocate holding for Mrs. M.L. Sangit, advocate for the appellants. Mr. R.J. Godbole, advocate for respondent no. 1. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 24 th JANUARY, 2011 PER COURT : 1 This Letters Patent Appeal is directed against the order dated 13 th October, 2010, passed by the learned Single Judge in Writ Petition no. 4172/2010, by which the petition filed by the appellants has been partly allowed. The writ petition was directed against the judgment and order passed by the School Tribunal dated 26 th March, 2010, by which the appellants were directed to re-instate respondent no. 1 and allow him to lpa339.10 2 discharge his services in the school and to pay him the backwages. 2 In the order passed in the writ petition, the following observations are made in paragraph no. 7 : 7 Without adverting to the contentions narrated by the learned counsel for respondent No. 1/ the teacher, the fact remains, the finding of learned Presiding Officer, the subject of challenge, could not have been so done as the record primarily illustrate that the copy of charge sheet was received by the respondent No. 1 on 5.9.2005. He again received on 29.5.2005 and he tendered his reply on 3.10.2005. The proceedings apparently were started after 16.10.2005. A farce was apparently projected. If the management has not tendered list of the witnesses, it is apparent and a duty cast on the enquiry officer to translate such list of witnesses upon the respondent No. 1, delinquent in the enquiry. The enquiry was shrouded with several infirmities and could be branded as one side. . In view of those observations, the petition has been partly allowed and the appellants are allowed to constitute fresh enquiry committee and to conduct and complete the enquiry within a period of 120 days. The appellants were also directed to deposit in this court, within 30 days, subsistence allowance as per prevalent pay scale payable to respondent no. 1 effective from the date of termination. lpa339.10 3 3 We have perused the impugned order so also other material placed before the court. The challenge to the impugned order is only in respect of the direction to pay subsistence allowance as per the prevalent pay scale. We find not substance in the appeal. The law is well settled that the employee under suspension will be entitled to the subsistence allowance as per the rules with effect from the date of termination of services. The result of setting aside the termination order, in the present case, undoubtedly amounts to putting the employee under suspension from the date of termination. In the circumstances, we find no merit in the appeal. Appeal is dismissed. 4 Time to constitute enquiry committee and complete the enquiry is extended by 120 days from today. Time to deposit subsistence allowance is extended by two weeks from today. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb