Ashok Kumar vs The State Of Bihar
2021 Latest Caselaw 5680 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10682 of 2020
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Ashok Kumar Son of Late Shiv Shankar Prasad, Resident of Ward No. 06, Near Rajistri Office, Masjid Road, Belsand, P.O. and P.S. - Belsand, District- Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

2. The District Magistrate, Sitamarhi.

3. The Sub Divisional Welfare Officer, Belsand, Sitamarhi.

4. The Executive Officer, Nagar Panchayat, Belsand, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Santosh Kumar For the Respondent/s : Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 30-11-2021

In the instant petition, petitioner has prayed for

following relief/reliefs:

"(i) For issuance of writ in the nature of Certiorari for quashing the letter no. 315 dated 16.07.2016 issued by Executive Officer, Nagar Panchayat, Belsand, whereby and whereunder the petitioner was put under suspension w.e.f. 11.07.2016.

(ii) For issuance of writ in the nature of Mandamus for the payment of subsistence allowance, salary and other allowances.

(iii) For any other relief/reliefs as your lordships may deem fit and proper under the facts and circumstances of the present case."

On the allegation that the petitioner is alleged to have

misappropriated the departmental money and it has resulted in

initiation of criminal proceedings. Based on the criminal Patna High Court CWJC No.10682 of 2020 dt.30-11-2021

proceedings, petitioner was placed under suspension on

11.07.2016 and it was revoked on 26.11.2021. Criminal

proceedings are still stated to be pending. The grievance of the

petitioner in respect of regulating the suspension period from

11.07.2016 to 26.11.2021 is dependent on the outcome of a

criminal proceedings. If the petitioner is acquitted in the criminal

proceedings, in that event, the competent authority is hereby

directed to regulate the suspension period and disburse the amount

within a reasonable period in accordance with law.

With the above observations writ petition stands disposed

off.

At this juncture, learned counsel for the petitioner submitted

that the petitioner has not been provided subsistence allowance

during the aforesaid period. In this regard, he has approached the

authorities and authorities have not taken any action to disburse

the subsistence allowance. Petitioner has been placed under

suspension on 11.07.2016 and it was revoked on 26.11.2021.

Therefore, the concerned respondent is hereby directed to

calculate subsistence allowance for the intervening period from

11.07.2016 to 26.11.2021 and disburse the same within a period of

three months from the date of receipt of this order, failing which, Patna High Court CWJC No.10682 of 2020 dt.30-11-2021

petitioner is entitled to interest on the arrears amount of

subsistence allowance @ 6 % per annum.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          03.12.2021
Transmission Date       NA