Patna High CourtCWJC/10557/2017disposed

Shashilendra Kumar v. The State Of Bihar And ORS

2017-09-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10557 of 2017 ====================================================== Shashilendra Kumar, Son of Late Rajeshwar Prasad Singh, resident of Mohalla- Gosai Tola, K.D.N. Path, Police Station - Patliputra, Patna, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate, Patna.

3. The Additional Collector, Departmental Enquiry-cum-Conducting Officer, Patna Collectorate, Patna.

4. The Sub-Divisional Officer, Paliganj Sub-Division, District- Patna.

5. The Block Development Officer, Bikram-cum-Presenting Officer, District- Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Jitendra Kumar Roy, Advocate For the State : Mr. S.S. Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2017 Heard Mr. Jitendra Kumar Roy, learned counsel appearing on behalf of the petitioner and learned A.C. to S.C.8. The petitioner has filed this writ petition for a direction to the respondents to pay subsistence allowance during the suspension period.

Learned counsel for the State has filed counter affidavit showing that the subsistence allowance has already been paid to the petitioner but Shri Jitendra Kumar Roy, learned counsel for the petitioner submits that the petitioner is put under suspension since April,2016 but subsistence allowance of only three months is paid till date.

Patna High Court CWJC No.10557 of 2017 (3) dt.14-09-2017 2/2 Considering the facts aforesaid, I am disposing of this writ petition with a direction to the respondents that if subsistence allowance has not be paid to the petitioner after he being put under suspension, the same shall be paid to the petitioner within one month from the date of receipt of this order and the respondents are further directed to conclude the departmental enquiry within four months from the date of receipt of this order in accordance with the Rule as envisaged under Section 17 of the CCA Rules, 2005.

(Prabhat Kumar Jha, J) N.H./- U