IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15124 of 2011 Date:08.06.2011 Between: Doddala Krishnaroy .....Petitioner AND Andhra Bank, Zonal Office, Guntur and another ....Respondents The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15124 of 2011 ORDER: This writ petition is filed to declare the action of the respondents in not paying the subsistence allowances to the petitioner pursuant to the order of suspension dated 23.06.2010 issued by the Assistant General Manager, Andhra Bank, Zonal Office, Guntur as contrary to law, arbitrary and against the principles of natural justice and consequently direct the respondents either to pay the subsistence allowance with arrears directly to the petitioner or to defreeze the account No.CODST.16287 of Gurazala Branch, Andhra Bank enabling the petitioner to draw the subsistence allowance. On instructions, Dr.K. Lakshmi Narasimham, learned Standing Counsel appearing for the respondents contended that the petitioner committed the alleged misappropriation of cash of Rs.10.00 lakhs from the bank and therefore a direction may be given to the bank for recovery of the same from the petitioner because it is a public money. No doubt, the contention of the learned Standing Counsel for the respondents appears to be appreciable, but at the same time, the payment of subsistence allowance is a matter of right of an employee irrespective of the gravity of the misconduct allegedly committed by the petitioner. Therefore, the petitioner shall not be deprived of his right and liberty except in accordance with the procedure prescribed under law. In view of the facts and circumstances of the case, it is not in dispute before this Court that the petitioner is entitled for subsistence allowance in accordance with the rules and regulations governing by the service conditions of the petitioner. Hence, the respondents are directed to pay the subsistence allowance to the petitioner during the period of suspension in accordance with the rules and regulations governing by the service conditions of the petitioner. Accordingly, the writ petition is allowed. No order as to costs. _______________ K.C. BHANU, J June, 08, 2010 Gk. THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15124 of 2011 08th June, 2011 Gk.