Patna High CourtCWJC/17113/2015disposed

Ashok Kumar Gupta v. The State Of Bihar And ORS

2018-11-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17113 of 2015 ====================================================== Ashok Kumar Gupta Son of Late Jagarnath Prasad @ Anant Prasad Residet of village - Hariharpur Puchari, P.S. Baniyapur, District - Saran ( Chapra ), Presently posted as Clerk in the office of District Education officer, Siwan ... ... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna

2. The Secretary, the Department of Secondary Education, Bihar, Patna

3. The Director, Department of Secondary Education, Bihar, Patna, Budh Marg, Patna

4. The Regional Deputy Director, Education, Saran Pramandal, Chapra

5. The District Education officer, Gopalganj

6. The District Education officer, Siwan

7. The District Magistrate, Saran at Chapra

8. The District Education officer, Saran at Chapra

9. The Principal, Govt. High School, Chapra ( New Establish ) at Chapra

10. The Treasury officer, Saran at Chapra

11. The Treasury officer, Siwan at Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudama Pd. Singh, Advocate Mr. Rabindra Nath Singh, Advocate For the State :

Mr. Sarvesh Kr. Singh, AAG-13 Mrs. Sunita Kumari, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-11-2018 The grievance of the petitioner in the present writ petition is non-payment of subsistence allowance for the period the petitioner was put under suspension i.e. 12.12.2011 to 27.9.2013.

Learned counsel for the petitioner submits that suspension of the petitioner was subsequently revoked on 27.9.2013 and after revocation of suspension the petitioner is regularly discharging his duties but he has not been paid salary. He submits that the departmental proceeding is still pending. Considering the aforesaid fact, if the subsistence

Patna High Court CWJC No.17113 of 2015(2) dt.29-11-2018 2/2 allowance is denied to the petitioner it will render the entire departmental proceeding vitiated. Reference in this connection may be made to the decision of the Supreme Court in the case of State of Maharashtra Vs. Chandrabhan Tale : AIR 1983 SC 803 and the decision in (Capt.) M.Paul Anthony Vs. Bharat Gold Mines: (1999) 3 SCC 679.

If the petitioner has not been paid subsistence allowance, the respondents are directed to ensure payment of subsistance allowance within one month from the date of receipt/production of a copy of this order failing which the entire departmental proceeding shall come to an end. After the revocation of suspension of the petitioner if the petitioner is discharging his duty, he is entitled to payment of salary. The respondents are accordingly directed to ensure payment of salary to the petitioner within a maximum period of two months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U