Satish Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16552 of 2016 ===========================================================
1. Satish Kumar Singh Son of Late Shiv Pujan Singh resident of Village+P.O.- Dhandiha, P.S.- Koilwar, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3. The Under Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
4. The District Magistrate-cum-Collector, Bhojpur at Ara.
5. The Sub-Divisional Magistrate, Jagdishpur, District- Bhojpur.
6. The Deputy Collector, Land Reforms, Jagdishpur, District- Bhojpur.
7. The Circle Officer, Bihiya, District- Bhojpur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwari, Adv. For the Respondent/s : Mr. Fakhruddin Ali Ahmad, A.C. to AAG12 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 25-08-2017 Learned counsel for the parties are present.
Mr. Bibhakar Tiwari, learned counsel for the petitioner and Mr. Fakhruddin Ali Ahmad, A.C. to AAG 12 for the State. The writ petition is filed inter alia questioning the suspension order and for payment of subsistence allowance as well as for payment of salary which according to the petitioner was pending with effect from August 2012.
Mr. Fakhruddin Ali Ahmad learned State counsel with reference to the counter affidavit filed in the proceedings submits that the suspension of the petitioner has been revoked and he has also been posted at a suitable place where he has joined. A copy of the order revoking suspension bearing Memo No.1078 dated 22.6.2017 passed
Patna High Court CWJC No.16552 of 2016 dt.25-08-2017 2/2 by the Additional Collector, Bhojpur at Ara has been placed on record vide Annexure-I to the counter affidavit.
Mr. Tiwari learned counsel for the petitioner submits that while the salary of the petitioner remains pending since August, 2012, even the subsistence allowance for the period of suspension with effect from 7.9.2013 has not been paid. Such is the statement made in paragraph 22 of the writ petition. The specific statement made in paragraph 22 of the writ petition has not been replied. In the circumstances, where the order of suspension has been revoked, I deem it proper to dispose of the writ petition with direction to the Collector, Bhojpur at Ara to consider the grievance of the petitioner regarding payment of his salary as well as regarding payment of his subsistence allowance from the date of suspension i.e 7.9.2013 until the revocation of suspension vide order passed on 22.6.2017 and dispose of the same within a period of 3 months from the date of receipt/production of a copy of this order. The writ petition is accordingly disposed of. (Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29-08-2017 Transmission Date NA