Patna High CourtCWJC/5402/2018disposed

Braj Bhushan Ravi v. The State Of Bihar And ORS

2018-12-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5402 of 2018 ====================================================== Braj Bhushan Ravi S/o Late Godami Chadari R/o Vill - Narga, P.S. - Bela, Dist. - Sitamarhi.

... ... Petitioner/s

Versus

1. The State of Bihar through its Secretary Education Department, Govt. of Bihar, New Secretariat, Patna.

2. The Director, (Primary Education), Education Department, Govt. of Bihar, New Secretariat, Patna.

3. The District Magistrate, Sitamarhi.

4. The District Education Officer, Sitamarhi.

5. The District Programme Officer (Establishment), Sitamarhi.

6. The Block Education Officer, Parihar, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar For the Respondent/s :

Mr. S.C. Mishra- Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2018 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

Subsequent to filing of the instant writ petitioner, wherein the petitioner has challenged his suspension under order dated 19.9.2017, prapatra 'Ka' (charge memo) dated 26.9.2017 has been issued to the petitioner.

In view of initiation of proceeding by submission of charge memo, the issue now has to be considered by the authorities conducting enquiry. However, Counsel for the petitioner submits that he is not being paid subsistence allowance.

Patna High Court CWJC No.5402 of 2018(2) dt.13-12-2018 2/2 The said claim of the petitioner cannot be denied or disputed and, as such, the authorities should ensure that during pendency of the proceedings the petitioner is paid subsistence allowance in accordance with law. Let respondent No. 5 ensure that the subsistence allowance of the petitioner, arrears as well as current, is paid to him within a period of four weeks from the date of receipt/production of a copy of this order. The writ petition is disposed of with the aforesaid direction.

(Madhuresh Prasad, J) SNkumar/- U