IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4468 of 2010 1. AKHILESH KUMAR SHARMA S/O LATE KEDAR NATH SHARMA @ KEDAR NATH SINGH R/O VILLAGE - GORHANA, P.S- BIHTA , DISTRICT - PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 3. THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS ,GOVT. OF BIHAR, PATNA 4. THE COMMISSIONER CUM SECRETARY ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 5. THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 6. THE DY. SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 7. THE ACCOUNTANT GENERAL BIHAR,PATNA ----------- 02. 26.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to be an Executive Engineer in the Road Construction Department. A Vigilance Case under the Prevention of Corruption Act and the Penal Code has been lodged against him leading to arrest and cognizance has also been taken. He was placed under suspension under Rule 9 (1) (c) of the Bihar C.C.S. Rules 2005 on 17.3.2007. Subsequently, he was released from custody on 20.7.2007. A departmental proceeding has also been commenced against him and memo of charges dated 20.2.2008 framed to which he has replied on 27.2.2008. 2 The petitioner moved this Court earlier in C.W.J.C. No. 1645 of 2007, questioning his continued suspension which was dismissed on 12.3.2008. L.P.A. No. 2621 of 2008 preferred against the same also came to be dismissed. An additional ground has been urged that though suspension continues from 17.3.2007, the enhanced subsistence allowance under Rules had also not been paid. At the outset, learned counsel for he petitioner submitted that he proposes to represent before the authorities insofar as reliefs other than the issue of enhanced subsistence allowance is concerned. Learned counsel for the State submitted that the claim for any arrears or enhanced subsistence allowance is a matter to be considered in accordance with Rule 10 of the Bihar C.C.S. Rules. Nothing in this order shall be construed or interpreted as any opinion or observation on the proposed representation of the petitioner. The Court expresses no opinion on any such proposed representation. That is a matter for the respondents to decide and there is no occasion for the Court to adjudicate. No directions whatsoever are therefore issued with regard to any proposed representation. 3 Insofar as the claim for enhanced subsistence allowance is concerned, let the same be decided in accordance with law and the legitimate dues, if any, be paid within a maximum period of two months from the date of receipt/production of a copy of this order. The application stands disposed. P.K. (Navin Sinha, J.)