IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.136 OF 2010 1. BALDEO MANDAL S/O LATE CHHEDI MANDAL R/O VILL- GAMOURA BAHADURPUR FURBI TOLA, P.O-SHAHZADPUR, P.S- M=ASUDANPUR, DISTT- BHAGALPUR …………………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR GENRAL OF POLICE, BIHAR, PATNA 3. THE INSPECTOR GENRAL OF POLICE, BHAGALPUR 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, BHAGALPUR 5. THE SUPERINTENDENT OF POLICE, BHAGALPUR 6. THE SUPERINTENDENT OF POLICE, HAZARIBAGH (JHARKHAND STATE) ……………………………………………………………………..RESPONDENTS ******** FOR THE PETITIONER :- MR. SAMIR KUMAR SINHA, ADVOCATE FOR STATE OF BIHAR :- MR. SHANKAR KUMAR, AC TO AAG V FOR STATE OF JHARKHAND:-MR. DHRUBA MUKHERJEE, ADVOCATE ************ 2 14/05/2010 The petitioner was working as a Havildar at Chapra in the district of Hazaribagh, now within the State of Jharkhand. He was put under suspension in the year 1993. The petitioner has been convicted in a case under Section 302 of the Indian Penal Code on 01.10.1996 and had undergone life sentence and was released on 31.05.2008. In this writ application, the petitioner has made a prayer that he may be paid subsistence allowance. This matter will have to be considered by the Director General of Police, Bihar, Patna or the Director General of Police, Bihar, Patna may allocate the enquiry to any other appropriate Officer. The question that may arise in this case 2 would be as to whether (a) there is any departmental proceeding pending against the petitioner ? (b) the services of the petitioner have been transferred to the Jharkhand cadre? (c) the petitioner is entitled for the payment of subsistence allowance? Prima facie, it would appear that the period under which the petitioner was under suspension would be, if permissible, payable by the State of Bihar as the State of Jharkhand had not come into existence at the relevant time. In any event, it would be proper for the Director General of Police, Bihar, Patna or the Inspector General of Police (Administration) to look into this matter and pass appropriate orders within a period of three months from the date of receipt/production of a copy of this order. This application is disposed of in the aforesaid terms. Anand ( Sheema Ali Khan, J.)