IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14105 of 2010 Dinanath Manjhi, Son of late Munnilal Manjhi, resident of Mohalla Hajiapur Ward No.28, P.S. Gopalganj at present suspended Peon, Civil Court, Gopalganj, District Gopalganj…………………………………………………..……….Petitioner Versus 1. The State Of Bihar 2. The District & Sessions Judge, Gopalganj 3. The Judge-in-Charge Nazarat, Civil Court, Gopalganj……………………………………………………Respondents ----------- 2 10.01.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to pay his subsistence allowance of the period of his suspension which has not been paid. Counter affidavit has been filed on behalf of respondent nos. 2 and 3. Annexure-A to the counter affidavit is an order of the District & Sessions Judge, Gopalganj dated 11.02.2004 putting the petitioner under suspension on charges of misconduct, noticing the fact that due to his involvement in criminal case and his arrest, he has been suspended immediately. The order itself says that the petitioner will be entitled for his subsistence 2 allowance. With the counter affidavit, an order of the District & Sessions Judge, Gopalganj dated 04.11.2010 has been annexed as Annexure-C by which petitioner has now been dismissed from service. The same gives an independent cause of action to the petitioner to be agitated independently. However, so far as his subsistence allowance of the period prior to his dismissal and during the period he has been suspended is concerned, it is admitted in the order dated 11.02.2004 that he will be entitled for subsistence allowance. Therefore, the writ application is disposed of with a direction to the respondent District & Sessions Judge, Gopalganj to calculate and pay admissible subsistence allowance to the petitioner of the period of suspension in accordance with law within a period of two months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)