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Rajendra Nath Sharma Vs Vinoba Bhave University and Others

Case No: Writ Petition (S) No. 3879 of 2011

Date of Decision: Sept. 22, 2011

Hon'ble Judges: Dhirubhai Naranbhai Patel, J

Bench: Single Bench

Final Decision: Allowed

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Judgement

D.N. Patel, J.@mdashLearned Counsel for the Petitioner submitted that the Petitioner is under suspension since 25th June, 2011 and till today

neither the inquiry has been completed nor the subsistence allowance has been paid to the Petitioner and, therefore, let a suitable direction be given

to the Respondent authorities to complete the pending inquiry and to make payment of accumulated amount of subsistence allowance, within the

stipulated time and further to direct the Respondents to regularly make payment of subsistence allowance at the end of every month.

2. Learned Counsel for the Respondents, as per the instructions of the University, submitted that the pending inquiry against the Petitioner will be

completed within a period of twelve weeks from the date of receipt of a copy of the order of this Court and the accumulated amount of

subsistence allowance shall also be paid to the Petitioner, as early as possible.

3. In view of the aforesaid submissions, I hereby direct Respondent Nos. 1, 2 and 3 to complete the pending inquiry against the present Petitioner

as early as possible and practicable, but, in no case, later than sixteen weeks from the date of receipt of a copy of the order of this Court. Further

time, if any, is required, extension application shall be preferred by Respondent Nos. 1 to 3, but, there will not be any presumption of extension of

time by the Respondents. I further direct Respondent Nos. 1 to 3 to make payment of the accumulated amount of subsistence allowance to the

Petitioner within a period of four weeks from today. I further direct Respondent Nos. 1 to 3 to make regular payment of the subsistence allowance

at the end of every English calendar month.

4. Learned Counsel for the Petitioner submitted that the delinquent shall cooperate with the department inquiry, so that the inquiry may be

completed within the stipulated time, as given herein above, and the Petitioner will not ask for any unnecessary adjournment.

5. This writ petition is, accordingly, disposed of, in view of the aforesaid directions.