P&H: University Need Not Reconsider Higher Subsistence Allowance Where Criminal Case Delay Was Not Its Fault

punjab-haryana
⚖️ Order Date: 13 Oct 2026
Headnotes

Service — Suspension — Subsistence allowance — Enhancement — Employee suspended following arrest in criminal proceedings initiated by third party — Enhancement permissible only where delay in concluding proceedings leading to suspension is attributable to  punishing authority — Where continuation of criminal proceedings and resulting...


Facts of the Case

P&H: University Need Not Reconsider Higher Subsistence Allowance Where Criminal Case Delay Was Not Its Fault

The Punjab and Haryana High Court has set aside an order directing Chaudhary Charan Singh Haryana Agricultural University to reconsider an employee’s claim for enhanced subsistence allowance. The Court held that the allowance could not be enhanced where the employee’s suspension continued because of criminal proceedings initiated by a third party, and not because of any delay caused by the University.

The employee, Balraj Sharma, had been suspended after his arrest in two criminal proceedings. A Single Judge had directed the University to decide his claim afresh, taking into account the service rules and the fact that his suspension had...

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