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Patna High CourtCWJC/9982/2017disposed

Sunil Kumar v. The State Of Bihar And ORS

2017-09-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9982 of 2017 ===========================================================

1. Sunil Kumar, Son of Late Hari Prasad, resident of 501 Parvati Palace, Sidharth Nagar, Jagdeo Path, Police Station Rupaspur, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department, of Road Construction Department, Government of Bihar, Vishweshariya Bhawan, Bailey Road Patna.

2. The Engineer-in-Chief, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna.

3.

The Deputy Secretary Vigilance, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna.

4. The Deputy Secretary Incharge Section-3, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna.

5. The Under Secretary Accounts, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rupak Kumar For the Respondent/s : Mr. SYED IQWAL AHMAD-SC20 =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 05-09-2017 Heard both sides.

The petitioner has filed this petition for quashing the Order No. 27 dated 21.02.2014 (Annexure-P1) of suspension and direction for enhancement of subsistence allowance from 21.02.2015, as the petitioner has already remained under suspension for more than one year from the date of suspension and, therefore, he is entitled to get 75% of subsistence allowance after one year from the date of his suspension.

Shri Rupak Kumar, learned counsel for the petitioner submits that the suspension of the petitioner has already been revoked and the departmental proceeding is going on but, 75% of subsistence allowance after the period of one

Patna High Court CWJC No.9982 of 2017 dt.05-09-2017 year of his suspension is not being paid.

It appears that there is a provision that if the departmental proceeding is not concluded within one year from the date of suspension of the petitioner, the proceedee shall be entitled to get 75% of his salary as subsistence allowance. The petitioner was put under suspension on 21.02.2014 but, suspension was revoked on 04.08.2017. Therefore, the petitioner is entitled to get enhanced subsistence allowance of 75% of his salary from 21.02.2015. In this view of the fact, I am disposing of this writ petition with a direction to the respondents to pay the enhanced subsistence allowance i.e. 75% of the salary of the petitioner from 21.02.2015 till the revocation of suspension. With this observation, the writ petition is disposed of. (Prabhat Kumar Jha, J) KKSINHA/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.09.2017 Transmission Date NA