Md. Umran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.207 of 2024 In Civil Writ Jurisdiction Case No.16463 of 2022 ====================================================== Md. Umran Son of Md. Majid, Resident of Ward No. 9, Village - Sirsi, P.S.- Khudabandpur, District Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Home Department, Government of Bihar, Patna.

2.

Sri S Sidarth, Father's name not known, the Secretary, Home Department, Government of Bihar, Patna.

3.

Sri Rajwindar Singh Bhatti, Father's name not known, the Director General of Police, Government of Bihar, Patna.

4.

Sri Vinay Kumar, Father's name not known, the Inspector General of Police, Head Quarter, Government of Bihar, Patna.

5.

Sri Sanjay Kumar, Father's name not known, the Deputy Inspector General of Police, Munger, Government of Bihar, Patna. 6.

Sri Jagunatharaddi Jalaraddi, Father's name not known. the Superintendent of Police, District- Munger.

7.

Sri Rajesh Kumar, Father's name not known, the S.D.P.O. Sadar Munger, District- Munger.

8.

Sri Alok Ranjan, Father's name not known, the Deputy Superintendent of Police, (HQ), Munger, District- Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bipin Chandra, Advocate For the Opposite Party/s :

Mr. Government Pleader 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2024 Heard the parties.

2. Pursuant to the last order dated 09.05.2024, a supplementary show cause has been filed on behalf of the opposite party No. 5, the Deputy Inspector General of Police, Munger, Bihar and paragraphs-15 and 16 read as follows:- "15. That with all respect it is humbly

Patna High Court MJC No.207 of 2024(4) dt.11-07-2024 2/3 and respectfully submitted that the petitioner Md. Umaran is found to be entitled to subsistence allowance as per the rule 10(1) of the Bihar CCA Rules 2005 for his suspension period from 24.09.2021 to 13.12.2022 the date on which the petitioner was dismissed from the service and further from 13.12.2022 to 30.01.2024 the date on which the petitioner was released from his suspension.

16. That it is relevant to submit here that subsistence allowance for the period October, 2021 to January, 2024 has been given to the petitioner vide letter no.340/Account section dated 25/05/2024 issued from the office of the Superintendent Of Police Madhepura and subsistence allowance for the period that is 13.12.2022 to 22.06.2023 has been given vide Munger range order no.188/2024 read with memo number 4225/GS dated 30.05.2024, accordingly Madhepura District 779/2024 read with memo number 1174/RO dated 11.06.2024 was issued in favour of petitioner."

3. Learned counsel for the petitioner submits that so far as the claim for enhanced subsistence allowance for the

Patna High Court MJC No.207 of 2024(4) dt.11-07-2024 3/3 period 24.09.2021 to 13.12.2022 is concerned, the same has been negated by the Office Letter No. 981 dated 19.06.2024 (Annexure-OP-5/7 to the show cause).

4. Learned counsel for the petitioner submits that he will be challenging the same by filing the writ petition.

5. This Court is satisfied that the opposite parties have taken steps and payments made as incorporated in paragraphs15 and 16 of the present show cause.

6. So far as the enhanced subsistence allowance is concerned, an order has been passed, the petitioner will have the liberty to challenge the same.

7. MJC No. 207 of 2024 stands disposed of.

(Rajiv Roy, J) Adnan/- U