High Court disposed of a writ petition regarding disputed subsistence allowance for a police sub-inspector during suspension period. Court noted payment for part of period but reserved conclusion for unserved period pending proof of appeal application.
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Patna High Court CWJC No.15248 of 2013 dt.09-12-2016
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15248 of 2013
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.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. B. N. Mishra, Advocate. Mr. S.N. Rai, Advocate. For the State : Mr. Dhurjati Kumar Prasad, SC 14
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT
Date: 09-12-2016
Heard learned counsel for the petitioner and learned counsel for the State.
In the present writ petition, grievance has been raised by the petitioner with regard to payment of subsistence allowance for the period from 21.11.2004 to 31.1.2005 which learned counsel for the petitioner himself has stated that the same has been paid which is clear from Annexure-E to the counter affidavit. The only dispute is with regard to payment of subsistence allowances for the period from 1.6.2005 to
Patna High Court CWJC No.15248 of 2013 dt.09-12-2016
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31.3.2006 treating himself to be active in service. The order dated 11.3.2006 (Annexure 1) shows that on the day the order of punishment of censor was passed, the order of suspension was withdrawn but Annexure-E reflects that the payment of subsistence allowance does not include the period after 31.1.2005 and petitioner has remained under suspension till 11.3.2006 and as such petitioner is entitled for subsistence allowance for the aforesaid period.
The order of punishment shows, petitioner will not be entitled more than subsistence allowance subject to the order of Appellate Authority. The petitioner claims that he has already filed application before the Commissioner. In the supplementary counter affidavit it has been disputed, the existence of the said application and submits that there is no material available on record to show of such filing. If the petitioner would show any material with regard to proof of filing of such application the same will be treated to be memo of appeal and the Commissioner Tirhut Division, Muzaffarpur will take decision in accordance with law. If such an application has not been filed then the Commissioner will not be obliged to take decision.
Patna High Court CWJC No.15248 of 2013 dt.09-12-2016
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With the aforesaid observation this writ petition is
disposed of.
(Shivaji Pandey, J)
Vinay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date16.12.2016 Transmission NA Date
2 issues framed by the court
Litigant entitled to subsistence allowance for period from 1.6.2005 to 31.3.2006 while under suspension.
Whether Commissioner obliged to decide application for subsistence allowance if not properly filed.
Jhotil Sah
The State Of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
