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Patna High CourtCWJC/11907/2018dismissed

Ibhrahim Basco v. The State Of Bihar And ORS

2018-08-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11907 of 2018 ====================================================== Ibhrahim Basco Son of Late Lazar Deskar resident of New Patliputra Colony, Police Station Patliputra, District - Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Home Deptt., Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Additional Director General of Police, Special Branch, Bihar, Patna.

4. The Inspector General of Police, Special Branch, Bihar, Patna.

5. The Superintendent of Police (A), Special Branch, Bihar, Patna.

6. The Inspector of Police-cum-InCharge (Reserve Office), Special Branch, Bihar, Patna.

7. The Treasury Officer Secretariat Treasury, Irrigation Building, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nivedita Nirvikar, Adv.

For the Respondent/s :

Mr. Anil Kumar, AC to SC8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 29-08-2018 Heard learned counsel for the parties.

In this case, learned counsel for the petitioner submits that during pendency of the writ application, the Department has passed the final order of punishment of black-mark which is a minor punishment as well as he will not be paid any amount except subsistence allowance which has already been paid to the petitioner.

Learned counsel for the petitioner submits that the petitioner has not received any farthing by way of subsistence allowance and, thus, he has been deprived of the same. He further submits that the petitioner has also been denied the salary for the

Patna High Court CWJC No.11907 of 2018 dt.29-08-2018 2/2 period before the order of suspension and the petitioner is at the verge of penury.

Since the final order has been passed against the petitioner, the present writ application is not maintainable. However, this Court directs the authority concerned to release the subsistence allowance, if already not paid, including the admitted dues, the petitioner is entitled, expeditiously preferably within a period of four weeks from the date of receipt/production of a copy of this order.

With the aforementioned observation and direction, this writ application is dismissed as having become infructuous. (Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.09.2018 Transmission Date NA