T.Elumalai(M/47 Years) v. Dr.L.Subramanian Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2018 CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM Cont.P.No.2047 of 2018 in W.P. No.11517 of 2018 T.Elumalai ... Petitioner Vs 1.Dr.L.Subramanian, I.A.S., The District Collector/Inspector of Panchayat, Villupuram District, Villupuram.
2.Smt.S.Viji, The Block Development Officer (VP), Olakkur Panchayat Union, Thindivanam Taluk, Villupuram District.
... Respondents Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for willful non-compliance of the order of this Hon'ble Court dated 28.4.2018 made in W.M.P. No.13454 of 2018 in W.P. No.11517 of 2018.
For Petitioner : Mr.I.Abraham Engles For Respondents : Mrs.A.Srijayanthi Special Government Pleader for R1 : Mr.D.Raghu Government Advocate for R2
O R D E R
The present Contempt Petition is filed against the order dated 28.04.2018 made in W.M.P.No.13454 of 2018 in W.P.No.11517 of 2018, wherein, this Court directed the
respondents to pay the subsistence allowance to the writ petitioner within a period of four weeks.
2.Today, Mrs.S.Viji, Block Development Officer (VP), Olakkur Panchayat Union, Villupuram District, has appeared before this Court and has assisted the learned Special Government Pleader.
3.On instructions, the learned Special Government Pleader appearing on behalf of the 1st respondent states that the subsistence allowance has already been paid to the writ petitioner, as per the rules in force. The Disciplinary Proceedings are also in progress. On account of the pendency of a criminal case, the authorities are unable to proceed with the matter.
4.It is needless to mention that, the pendency of a criminal case is not a bar for the authorities to proceed with the disciplinary proceedings and pass final orders. This being the legal position, the authorities, if they are in possession of the documents in relation to the allegations, are at liberty to proceed with the disciplinary proceedings and pass final orders. However, in respect of subsistence allowance, it is stated that the same has already been paid.
5.The learned counsel for the petitioner states that after three months the petitioner is entitled for subsistence allowance at the rate of 75%. Subsistence allowance at the rate of 75% is only a discretion and the
same cannot be claimed as a matter of right. Subsistence allowance at the rate of 50% alone, is a right and the same has already been paid.
6.This being the factum of the case, the respondents have not violated the orders of this Court.
7.The learned Special Government Pleader also states that the disciplinary proceedings will be concluded within three months.
8.Accordingly, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) mkn //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
Ps/19/11/2018 To
1. The District Collector/Inspector of Panchayat, Villupuram District, Villupuram.
2. The Block Development Officer (VP), Olakkur Panchayat Union, Thindivanam Taluk, Villupuram District.