Shri Kishore Kumar Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3281 of 2017 ====================================================== Shri Kishore Kumar Das, Son of Krish Mohan Das, Resident of Hundali, Police Station-Pranpur, District-katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State of Bihar, through Principal Secretary, Planning and Development, Bihar, Patna.

3.

The Director, Directorate of Economics and Statistics, Department of Planning & Development, Bihar, Patna.

4.

The Senior Director (Administration) Directorate of Economics and Statistics, Department of Planning and Development, Bihar, Patna. 5.

The Collector, Araria, 6.

The Deputy Collector (Administration), Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Mushtaque Alam For the Respondent/s :

Mr. VINAY KRITI SINGH-GA2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-09-2017 The petitioner is aggrieved by an order, dated 10.03.2015, issued by the Director, Directorate of Economics and Statics, Department of Planning and Development, Bihar, Patna, whereby he has been put under suspension. A direction for payment of subsistence allowance at the admissible rate and conclude the departmental proceeding initiated against the petitioner has also been sought.

A counter affidavit has been filed on behalf of the State of Bihar, stating therein that departmental proceeding has already been concluded and the order of suspension has been vacated by office order No. 191 contained in memo No. 1029, dated

Patna High Court CWJC No.3281 of 2017(2) dt.12-09-2017 2/2 25.05.2017.

In the departmental proceeding punishment of holding of two increment with non-cumulative effect has been imposed on the petitioner in the departmental enquiry.

In view of the aforesaid statement, the petitioner's grievance with respect to order of suspension, no more survives. This application to that extent has become infructuous. So far as subsistence allowance as claimed by the petitioner is concerned, since the departmental proceeding has already concluded with the issuance of office order, dated 25.05.2017, I direct the Director, Directorate of Economics and Statics, Department of Planning and Development, Bihar, Patna to consider the petitioner's case for payment of salary/subsistence allowance for the period during which he had remained under suspension and make payment within a period of three months from the date of receipt/production of a copy of this order.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) arun/- U