DlVISIONAL PERSONNEL OFFICER, WESTERN RAILWAY, KOTA vs SUNDAR DASS

The Supreme Court held that Rule 1706(4) of the Indian Railway Establishment Code applies to the respondent's case, deeming him to have remained under suspension since 17.2.49. The Court clarified that the respondent is entitled only to subsistence allowance during the period of suspension until the final dismissal order, as the subsequent inquiry pertained to the same charge of suppression of prior discharge. The appeal was allowed, affirming the High Court's decision regarding the illegality of the original dismissal but limiting the respondent's wage entitlement to subsistence allowance only.