IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.960 of 2010
1. RAM BRIKSH PRASAD GUPTA S/O LATE LAKHAN GUPTA R/O VILL.- RANIGANJ,
P.S. RANIGANJ, DISTT.- GAYA
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR,
PATNA
2. THE DIVISIONAL COMMISSIONER, MAGADH DIVISION, GAYA
3. THE DISTRICT COLLECTOR, COLLECTARIATE OFFICE, GAYA
4. THE SUB-DIVISIONAL OFFICER, TEKARI, DISTT.- GAYA
5. THE BLOCK DEVELOPMENT OFFICER, TEKARI UNDER GAYA COLLECTARIATE,
GAYA
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2. 26.08.2010 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The petitioner was placed under suspension by an order
dated 11.7.2008 and charges framed on 3.12.2008 as distinct
from service of the same.
Learned Counsel for the petitioner submits that firstly he
has already disbursed the sum of Rs. 21,978/- to the
beneficiaries and also deposited the balance amount in context
of the allegations in the order of suspension that he had not
disbursed the stipend to the students. He next submits that
from the date of suspension no subsistence allowance has been
paid.
Payment of subsistence allowance subject to fulfillment of
the obligations of the petitioner under rule 10 of the Bihar
(Classification, Control and Appeal) Rules 2005 is a statutory
right. If the petitioner fulfils the condition let the respondents
consider his request for payment of subsistence allowance along
with interest @ 2 % per annum if no subsistence allowance has
been paid till date.
In so far as the contention of the petitioner with regard to
the amount alleged in the order of suspension is concerned, if he
represents and satisfies the authorities with regard to the
disbursement and deposit of the balance amount in question
they are required to consider his representation and if so
satisfied/dissatisfied pass appropriate reasoned and speaking
order within a maximum period of six weeks from the date of
receipt and/or presentation of such representation and/or pay
the subsistence allowance inclusive of enhancement along with
interest @ 2% within the same period.
The writ application stands disposed.
Snkumar/- (Navin Sinha,J.)