New Delhi, Jun 30 (ILNS) Supreme Court Judge, Justice Indira Banerjee, today recused herself from hearing a Judicial Officer’s petition, challenging the Madras High Court’s refusal to revoke his suspension and for enhanced allowance during the suspension period.
The matter was listed before the Bench of Justices Uday Umesh Lalit, Indira Banerjee and Ajay Rastogi, which directed to list the matter before a Bench, where Justice Indira Banerjee was not a member, and ordered to list the matter next week.
The petition was filed by G Raja, who is facing several charges, including moral turpitude. It was alleged that the accused, in connivance with his brother, undertook commercial activities while still in service, amassing assets and funds grossly disproportionate to his known sources of income. He has been suspended pursuant to a notice dated December 30, 2019.
The High Court had observed, “It has to be accepted that a person facing serious charges involving moral turpitude should not be allowed to resume work, pending inquiry into his conduct.”
The High Court had further observed that though the petitioner is free to urge to increase his subsistence allowance and seek early conclusion of the disciplinary proceedings, but he cannot cite such grounds, either for his suspension to be revoked, or to be reinstated honourably. It is totally the employer’s call to ensure enhancement of allowance during suspension and expeditious disciplinary proceedings.
Aggrieved by the order passed by the High Court, the petitioner approached the apex court through the present SLP. ILNS/DS/RJ/SNG