Can the employer reduce subsistence allowance on the ground that the employee bas obtained stay of the domestic enquiry?
When an employee approaches a competent court bonafide to protect himself from prejudice likely to be caused by continuing proceedings simultaneously in domestic enquiry as also in a criminal case grounded on the same set of facts and succeeds in getting an order of stay of the domestic enquiry till disposal of the criminal case, it cannot be said that delay on that account in completion of the disciplinary proceedings is directly attributable to the conduct of such employee. The order reducing 75% subsistence allowance to 50% cannot be sustained.
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