THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Contempt Case No.1493 of 2011 ORDER: The petitioner filed W.P.No.27416 of 2011 challenging the order dated 23.06.2011, through which he was placed under suspension by the respondent. While issuing notice before admission, on 29.09.2011, this Court directed the respondent to pay subsistence allowance to the petitioner. This Contempt Case is filed alleging that the respondent is imposing untenable conditions for payment of subsistence allowance. To be precise, the petitioner states that the respondent is insisting on furnishing of certificate as provided for under Fundamental Rule 53(2) to the effect that he is not gainfully employed elsewhere. The grievance of the petitioner is that when he is challenging the very jurisdiction of the respondent, who placed him under suspension, submission of a letter would amount to acquiescence of the competence of the respondent. Heard learned counsel for the petitioner and learned counsel for the respondent. It is not a case where the respondent has refused to pay the subsistence allowance. He required the petitioner to file a form prescribed under the relevant rules. Mere submission of the form does not amount to acquiescence in the jurisdiction of the respondent, if he is otherwise not competent. Hence, the Contempt Case is closed, leaving it open to the petitioner to file the form without prejudice to his right to challenge the order of suspension. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:09.11.2011 GJ