Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8143 of 2020 ====================================================== ASHOK KUMAR S/o Sidheshwar Prasad Resident of Mohalla-New Jaganpura, Near Double Transformer Kankarbagh, P.S.-Gaurichak, DistirctPatna. ... ... Petitioner/s

Versus

1.

The Bihar State Beej Nigam Ltd. through its Managing Director, Bihar State Beej Nigam Ltd., pant Bhawan, Bailey Road, Patna. 2.

The Managing Director, Bihar State Beej Nigam Ltd., Pant Bhawan, Bailey Road, Patna.

3.

The Regional Manager, Bihar State Beej Nigam Ltd.,Kudra, Kaimur, District-Kaimur.

4.

The Chief of Production, Bihar State Beej Nigam Ltd., Pant Bhawan, Bailey Road, Patna.

5.

The Regional Manager, Bihar State Beej Nigam Ltd., Bhagalpur, District Bhagalpur.

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

For the Petitioner/s :

Mr. Siyaram Shahi Mr.Rakesh Kumar For the Respondent/s :

Mr.Avnish Nandan Sinha, GP-21 Mr. Saurendra Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the parties.

2. The petitioner seeks quashing of an order dated 09.05.2020 issued by the Managing Director, Bihar State Beej Nigam Limited, Patna, whereby he was put under suspension in exercise of power under Section 9(i) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

3. Mr. Shahi, learned counsel for the petitioner has submitted that he has retired from service after attaining the age

Patna High Court CWJC No.8143 of 2020(3) dt.19-03-2021 2/2 of superannuation and, therefore, this writ application has become infructuous to the extent it relates to quashing of the order of suspension, which has become ineffective with the changed circumstances. He has, however, submitted that the petitioner has not been paid the subsistence allowance for the period during which he has remained under suspension. This writ application is disposed of with an observation that let the admissible subsistence allowance for the period during which the petitioner has remained under suspension be paid to him, if not already paid, within a period of three months from the date of receipt/production of a copy of this order.

arun/- (Chakradhari Sharan Singh, J) U