Aggrieved by the order of the Tribunal, the appellant filed this appeal.
3509 of 1922 in which Fundamental Rule 53 which authorised the Government to review an order regarding subsistence allowance arose for companysideration.
An order of suspension is number an order imposing punish ment on a person found to be guilty.
The charge sheet was filed in the criminal case against the appellant in 1976 and the case was companymitted to the sessions, but the companymittal proceedings were quashed by the High Court in 1978.
It is an order made against him before he is found guilty to ensure smooth disposal of the proceedings initiated against him.
1982 had been passed apparently on the ground of limitation set out in sub section 2 of section 21 of the Administrative Tribu nals Act, 1985 hereinafter referred to as the Act .
1975 by which the subsistence allowance was fixed at 50 per cent of his salary.
1982, the appel lant approached in the year 1988 the Central Administrative Tribunal Ahmedabad Bench for a direction to be issued to the Government to restore the original Order dated 4.8.
In the said case the Ahmedabad Bench of the Tribunal quashed the Order dated 6.5.1982 passed against the applicant in that case by which the subsistence allowance payable to the said applicant had been reduced.
From the Judgment and order dated 15.3.
That petition was dismissed by the Tribunal by its order dated 15.3.1988 on the ground that the appellant had approached the Tribunal more than five years after the date on which the Order dated 6.5.
Aggrieved by the denial of the salary and allowances due to him for a long time on account of the order of suspension and in particular the order fixing the subsistence allowance at 25 per cent of the salary which he was drawing at the time of suspension by the Order dated 6.5.
By a further order made on 6.6.1982 the subsistence allowance was reduced to 25 per cent of the salary he was drawing on the date of suspension.
1988 of the Central Administrative Tribunal, Ahmedabad in M.A. No.
H. Parekh and Shishir Sharma for the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He was placed under suspen sion by an order dated 25.7.1975 as a result of the institu tion of a criminal prosecution against him and he companytinues to remain under suspension till today.
38 of 1989.
The increments he would have earned from time to time and the periodical revisions of pay scales were number taken into companysideration in determining the subsistence allowance.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The appellant was working as an Upper Division Clerk in the year 1975.
By an order dated 4.9.
Dutta, Additional Solicitor General, Ms. Indu Malho tra and C.V. Subba Rao for the Respondents.
1975 he was sanctioned subsistence allowance at the rate of 50 per cent of his salary last drawn.
49 of 1988.
