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S.B. Civil Writ Petition No.1726/2009
Dalchand Paliwal
vs
State of Rajasthan & Ors.
Date of order : 11.9.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr. SP Sharma, for the petitioner.
Mr. Sudheer Tak, for the respondents .
Heard learned counsel for the parties.
Short point involved in this writ petition is that
petitioner was suspended due to some criminal case
pending against him wherein he was convicted and
ultimately he was acquitted. The petitioner has already
been reinstated in service with all consequential benefits,
yet the respondents have recovered the amount of
subsistence allowance which was paid of the period of
suspension.
In view of the Division Bench judgment of this Court
delivered in the case of Shyam Sunder Mal Vs. Rajasthan
High Court reported in 2000(4) WLC (Raj.) 4 the
suspended employee is entitled to subsistence allowance
and as per Rule 53 and 54 of the Rajasthan Service Rules,
1951, the subsistence allowance paid to the employee
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cannot be withdrawn or recovered.
In view of the above Division Bench judgment, this
writ petition is allowed and the order of recovery of the
amount of Rs.7426/- paid to the petitioner as subsistence
allowance is set aside and the respondents are directed to
pay said amount to the petitioner within a period of one
month from today. For other relief of the petitioner be
treated on duty from 6.1.1984 to 3.7.1992, the issue is
covered by decision of this Court delivered in the case of
Krishan Murari Sharma Vs. State of Rajasthan reported in
1998(1) WLC (Raj.) 421. Therefore, it is directed that
petitioner be treated to be on duty for the period for which
he remained under suspension.
[PRAKASH TATIA], J.
cpgoyal/-