Patna High CourtCWJC/18862/2010disposed

Ram Nath Prasad v. The State Of Bihar And ORS

2018-06-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18862 of 2010 ====================================================== Ram Nath Prasad S/O Late Jagoo Ram R/O B/15, Housing Colony, Lohia Nagar, Kankarbagh, P.S- Kankarbagh, Town And Distt.- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary to the Govt. Of Bihar, Scheduled Caste and Schedule Tribe, Welfare Department, located in Barrack, Adjacent to the Main Secretariat, Patna

2. The Joint Secretary to the Govt. Of Bihar Scheduled Caste and Scheduled Tribe, Welfare Department, Located In Barrack, Adjacent to the Main Secretariat, Patna

3. The Deputy Secretary to the Govt. Of Bihar, Scheduled Caste and Schedule Tribe, Welfare Department, Located in Barrack, Adjacent to the Main Secretariat, Patna

4. The Under Secretary to the Govt. Of Bihar Scheduled Caste and Scheduled Tribe Welfare Department, Located In Barrack, Adjacent to the Main Secretariat, Patna

5. The Deputy Director, Welfare, Patna Division, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suryadeo Narain Verma For the Respondent/s : Mr. Anshuman Singh, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-06-2018 The learned counsel for the petitioner submits that by the impugned order dated 5.1.2006 passed by the Joint Secretary to the Government of Bihar, Welfare Department, though the petitioner has been left off after being given warning, but his salary for the period of suspension, other than the subsistence allowances, has been directed to be forfeited, which is in contravention of Rule 97 of Bihar Service Code. In view of the aforesaid, I deem it fit and proper to direct the respondent no.2 to pass a fresh order with regard to the

Patna High Court CWJC No.18862 of 2010 (2) dt.22-06-2018 2/2 grievances of the petitioner regarding non-payment of amount other than the subsistence allowances for the period of suspension. Such decision should be taken by the respondent no.2 within a period of eight weeks from today.

The writ petition is disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/- U