Sunday, January 29, 2023

Justice Indira Banerjee recuses herself from hearing appeal challenging Madras High Court order

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The Supreme Court Justice Indira Banerjee recuses herself from hearing the plea filed by a Judicial Officer challenging the Madras High Court order which had rejected his plea seeking revocation of suspension order and for enhanced allowance during the suspension period. 

The matter was listed for Wednesday before the Bench of Justices Uday Umesh Lalit, Indira Banerjee and Ajay Rastogi which has directed to list the matter before the bench where Justice Indira Banerjee not a member and ordered to list this matter next week.

The petition has been filed by G. Raja who is facing several charges including of moral turpitude, involving his connivance with his brother to undertake commercial activities while still in service, assets and funds grossly disproportionate to the petitioner’s known sources of income and the like. He has been suspended pursuant to a notice dated December 30, 2019.

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The High Court had observed that, “it has to be accepted that a person facing serious charges involving moral turpitude should not be allowed to resume work pending the 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 employers call to ensure to enhance allowance during suspension and expeditious disciplinary proceedings.

Aggrieved by the order passed by the High Court the petitioner has approached the Apex court through the present SLP.

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