IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 25286 OF 2019 (S-RES) BETWEEN:
MUSHTAQ AHMED S/O LATE SHEIKH AMEER, R/AT # 77,7TH CROSS, 1ST FLOOR, NEAR MASJID ALA, CHINNAYANPALAYA, ADOGUDI POST, BANGALORE-560 030.
(BY SRI. NAVEED AHMED, ADVOCATE) AND:
1. ISLAMIC MISSION OF INDIA & DISCIPLINARY AUTHORITY, NATIONAL PARK ROAD, BENGALURU-560 076 BY ITS GENERAL SECRETARY.
2. ISLAMIAH INSTITUTE OF TECHNOLOGY, NATIONAL PARK ROAD, BENGLAURU-560 076 … PETITIONER BY ITS PRINCIPAL … RESPONDENTS (BY SRI. K PRABHAKAR RAO, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF SUPENSION DATED 26.11.2018 ISSUED BY R-1 AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner being an employee of the 2nd respondent institute is invoking writ jurisdiction of this Court grieving against his continued suspension from service and also alleged non-payment of subsistence allowance. After service of notice, the respondents having entered appearance through their counsel, resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of the considered opinion that an employee cannot be continued in suspension for indefinite period of time vide Apex Court decision in AJAY KUMAR CHOUDHURY vs. UNION OF INDIA & ANOTHER, (2015) 7 SCC 291.
In view of the above, the respondents are directed to review the decision of keeping the petitioner under suspension within three weeks and also consider petitioner’s claim for payment of subsistence allowance that has accrued due during the suspension period.
It is open to the petitioner to make an appropriate representation with all material particulars within two weeks so that the same facilitates the decision making by the respondents, in terms of above mandate.
Time for compliance is four week; if this direction is not accordingly complied with, the respondents shall be collectively liable to pay a cost of Rs.25,000/- to the petitioner.
Ordered accordingly.
Sd/- JUDGE Snb/