1 2025:CGHC:6481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4961 of 2018 Agni Kumar Maitry S/o M L Maitry, Aged About 48 Years Earlier Posted As Assistant Grade - Ii In The Officer Block Eduction Office Pathariya, R/o Baima Nagoi, Police Station Sarkanda, Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary Department Of Education Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Director, Lok Shikshan Sanchnalay, Indrawati Bhawan Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. The Collector, Mungeli District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh 4. District Education Officer , Mungeli District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh --- Respondent(s) For Petitioner : Mr. Punit Ruparel, Advocate For State/ Respondents : Mr. Shubham Bajpayee, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 05/02/2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That the Hon’ble Court may kindly be pleased to direct the respondent authorities to ward a subsistence allowances to the petitioner during the pendency of departmental enquiry against him. 10.2 Any other relief, which may deem fit and proper in the circumstances of the case, in the interest of justice. Digitally signed by AJINKYA PANSARE Date: 2025.02.05 17:15:37 +0530 2 2) Learned counsel for the petitioner submits that at the relevant time, petitioner was posted on the post of Assistant Grade-II in Govt. Higher Secondary School, Dharampura, Block & District Mungeli (C.G.). He further submits that offense punishable U/s 7 and 13(1)(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 34 of IPC was registered against petitioner, therefore, he was placed under suspension vide order dated 05.04.2014. He contends that petitioner’s suspension was revoked on 24.10.2016; petitioner was convicted for the aforementioned offense vide judgment dated 15.09.2017. He further contends that later on, petitioner’s sentence was suspended by the appellate Court vide order dated 22.11.2017 but he was not permitted to join the services. He prays that a direction may be issued to respondent authorities to make payment of subsistence allowance as petitioner is still in service and no inquiry is pending against him. 3) On the other hand, learned State counsel submits that petitioner never joined services after suspension of his sentence. He has referred the order dated 24.10.2016 whereby after suspension, petitioner’s services were attached to Govt. Higher Secondary School, Dharampura and letter dated 30.11.2018 whereby the Principal of the concerned school intimated the District Education Officer, Mungeli that petitioner has not joined services and he is still absent from duties. He contends that as petitioner failed to resume services and departmental inquiry is pending consideration, therefore, he is not entitled to receive subsistence allowance. 4) Heard learned counsel for the parties and perused the documents placed on record. 3 5) Taking into consideration the fact that departmental inquiry is pending consideration against petitioner, therefore, the issue of subsistence allowance and other benefits payable to him would be decided by the disciplinary authority in the departmental inquiry. Further, petitioner has been convicted by the competent criminal Court and only his sentence has been suspended by the appellate Court, therefore, only employer is entitled to decide (i) the claim of petitioner with regard to revocation of suspension ; (ii) whether to permit him to join the services or not and (iii) payment of subsistence allowance or its arrears. 6) Taking into consideration the facts of the present case, petitioner is permitted to make representation(s) before respondent authorities in this regard and the authority concerned will be at liberty to take appropriate decision on such representation strictly in accordance with law. 7) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya