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Patna High CourtCWJC/5945/2018disposed

Dr. Kumar Sunil Sinha v. The State Of Bihar And ORS

2018-09-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5945 of 2018 ====================================================== Dr. Kumar Sunil Sinha, Son of Late Anuj Prasad Sinha, Resident of Village- Nerut, Police Station- Asthawan, District- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar, Patna.

3. The Director, Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar, Patna.

4. The Deputy Director, Welfare, Magadh Division, Gaya.

5. The District Welfare Officer, Arwal.

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

For the Petitioner/s : Mr. Mahasweta Chatterjee For the Respondent/s : Smt.Kumari Amrita -GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2018 The short prayer of the petitioner in the present writ petition is regarding payment of subsistence allowance for the period of suspension as also for revoking the suspension of the petitioner.

The learned counsel for the petitioner has submitted that despite this Court having passed an order dated 12.09.2017 in C.W.J.C. No. 11044 of 2017, the departmental proceeding, as directed to be concluded within four months, has not been concluded and moreover the subsistence allowance has also not been paid.

In view of the short submission and prayer made

Patna High Court CWJC No.5945 of 2018 (3) dt.19-09-2018 2/2 on behalf of the petitioner, the present writ petition is disposed of with a direction to the respondents to pay admissible subsistence allowance to the petitioner within a period of two weeks from today and in case the final order is not passed within a period of three weeks from today in the ongoing departmental proceeding, the order of suspension shall stand revoked automatically. With the aforesaid direction, the present writ petition is disposed of.

(Mohit Kumar Shah, J) BTiwary/Md. Rashid U