Chabungbam Bison Singh vs Union Of India & 5 Ors
2024 Latest Caselaw 191 Mani

Manipur High Court

Chabungbam Bison Singh vs Union Of India & 5 Ors on 15 May, 2024

LAIRENM Digitally
         by
                  signed

AYUM INDRAJEET
         LAIRENMAYUM
                                                                                                           Item No. 15
INDRAJE SINGH                              IN THE HIGH COURT OF MANIPUR
         Date: 2024.06.13
ET SINGH 00:16:37 +05'30'
                                                     AT IMPHAL
                                                      WA No. 49 of 2022

                             Chabungbam Bison Singh
                                                                                                       Appellant
                                                        Vs.
                             Union of India & 5 ors.
                                                                                                  Respondents
                                                              BEFORE

                            HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
                            HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
               15.05.2024
               Siddharth Mridul, C.J.:

Mr. Kh. Samarjit, learned DSGI appearing on behalf of the Union of India,

has handed up in Court today a speaking order dated 30.01.2024 passed by the

Commandant-27 BN, CRPF, after providing an advance copy thereof to learned

counsel appearing on behalf of the appellant.

Paragraph Nos. 9 & 10 of the said speaking order dated 30.01.2024

records as follows:-

"09. Further, IGP M&N Sector vide signal No.J.II-49/2022-M&N-Legal dated 21/11/2023 has also recommended that 'subsistence allowance should have been paid for the period from 12/03/2007 to till the date of his reinstatement, i.e., 13/11/2018 as per Rule-53 of FR. This fact also elaborated in Explanation given under Rule-10 (b)(4) of CCS/CCA Rules under head "Suspension" that "Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a Court of Law and the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal or compulsory retirement and shall continue to remain under suspension until further orders.

11. In view of above Judgement issued by Hon'ble High Court Gauhati, direction received from Digcent (Law) Dte. CRPF Sig. No. J.II-263/2020-LWP-II dated 10/01/2024, IGP, M & N Sector Sig No. J-II-49/2022-M&N-Legal dated 21/11/2023 and opinion given by Ld DSGI, Manipur High Court, DIG(CR & Vig) Dte. ION No. R.XIII-174/2019-Vig(Legal) dated 08/01/2024, No. 990270017 CT/FTR. Ch. Bison Singh of 27 Bn (now posted in 64 Bn) is hereby sanctioned subsistence allowance w.e.f 21/05/2008 (i.e. day after dismissal from service) to 13/11/2018 (i.e day before reporting in the unit after re-instatement) @ of pay he was drawing prior to 21/05/2008 in terms of above Judgment in the line of similar nature case of No. 941150344 CT/GD Mutum Shanti Kumar Singh of 27 Bn (now posted in 162 Bn), to comply with the court order, dated 27/07/2010. However, his period of suspension will be treated "As such" for all other service purposes."

Mr. M. Devananda, learned senior counsel appearing on behalf of the

appellant, states that in view of the foregoing, the present writ appeal may be

closed.

WA No. 49 of 2022 is accordingly disposed of.

                      JUDGE                                   CHIEF JUSTICE
Indrajeet