Employee Entitled to Subsistence Allowance During Deemed Suspension Despite Procedural Lapses
In a significant ruling, the Gauhati High Court has upheld the entitlement of a former employee of Dibrugarh University to receive subsistence allowance for a period of deemed suspension. This decision came after a protracted legal battle that spanned over a decade. The Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury delivered the judgment on June 16, 2026.
The case stemmed from the dismissal of Lachit Borthakur, who served as a Lower Division Assistant in the Finance and Accounts Branch of Dibrugarh University. Borthakur was removed from service on December 31, 2004, following allegations of misconduct. However, the disciplinary proceedings were marred by procedural lapses, as the initial inquiry did not provide Borthakur an opportunity to represent against the inquiry findings, a violation that led to the quashing of the dismissal order by a Single Judge in 2015.
The court's judgment noted that although Borthakur was not exonerated from the allegations, the setting aside of the dismissal order necessitated treating him as being under deemed suspension from the date of his original dismissal until the imposition of the penalty of compulsory retirement on November 2, 2016. This period of deemed suspension entitles him to subsistence allowance, including any applicable revisions.
In their deliberations, the judges highlighted the financial implications of the prolonged litigation on the university. Despite acknowledging the heavy financial burden due to the delay, the court maintained that legal entitlements, once established, must be honored.
The court further clarified that Borthakur's entitlement to back-wages was not automatic upon reinstatement, as the reinstatement resulted from the procedural lapses rather than a clearance of the allegations. The judgment emphasized that the university must compute and release the subsistence allowance arrears, including revisions, for the period in question.
This ruling serves as a reminder of the importance of procedural fairness in disciplinary proceedings and underscores the judiciary's role in safeguarding employee rights.
Bottom line:-
Service Law - Employee dismissed from service and later deemed to be under suspension owing to quashing of dismissal order - Employee entitled to subsistence allowance during the period of deemed suspension along with permissible revisions.
Statutory provision(s): Service Law, 42nd Amendment to the Constitution of India
Dibrugarh University v. Lachit Borthakur, (Gauhati)(DB) : Law Finder Doc id # 2934532
