IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3604 of 2007 Mahesh Rai, son of Sri Mahadeo Rai, presently posted as Chaukidar, Beat No. 1/10, Baruraj Police Station, District Muzaffarpur …. …. Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Muzaffarpur, District Muzaffarpur 3. The Superintendent of Police, Muzaffarpur, District Muzaffarpur 4. The Deputy Collector, Incharge General Branch, Muzaffarpur, District Muzaffarpur 5. The Sub-Divisional Officer, Muzaffarpur West, District Muzaffarpur 6. The Circle Officer, Motipur, District Muzaffarpur 7. The Officer-in-charge, Baruraj Police Station, District Muzaffarpur … … Respondents ---------------------------------- 02/ 16.09.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is serving as Chaukidar, bearing Beat No. 1/10, Baruraj Police Station. He has filed this writ petition for a direction to the State- respondents to pay him the arrears of difference of subsistence allowance and salary for the suspension period i.e. 10.8.2000 – 22.7.2003. From the pleadings made in the writ petition as also in the counter affidavit, it is evident that petitioner was placed under suspension under order dated 10.8.2000, Annexure-3 in contemplation of a departmental proceeding. 2 Under orders dated 22.7.2003, Annexure-4, suspension of the petitioner has been vacated with observation that the proceeding shall continue. After filing of the writ petition, the District Magistrate, Muzaffarpur has passed order dated 16.7.2007 appointing the Enquiry Officer and has asked the Enquiry Officer to conclude the proceeding within 20 days. Said order is annexed with the counter affidavit filed on behalf of Respondent nos. 2 and 4 3. It is submitted on behalf of the petitioner that even after issue of the order dated 16.7.2007, enquiry proceeding against the petitioner has not been concluded. 4. Counsel for the State accepted the position that the departmental proceeding has not been concluded as the subject matter of the charge sheet also concerns the allegation made in Baruraj P.S. Case No. 12 of 2000 dated 25.2.2000 and Baruraj P.S.Case No. 19 of 2000 dated 13.3.2000. It is also submitted that because of the pendency of those criminal cases, departmental proceeding has not been finalized. 3 5. Having heard counsel for the parties, I direct the District Magistrate, Muzaffarpur to consider the request of the petitioner for payment of arrears of difference of salary and subsistence allowance for the suspension period as early as possible, in any case within two months from the date of receipt/ production of a copy of this order. 6. It shall be open for the District Magistrate, Muzaffarpur to observe that the arrears of difference of salary of the petitioner for the suspension period shall be subject to the result of the aforesaid two criminal cases pending against him. 7. With these observations, this writ petition is disposed of. Arjun/ ( V. N. Sinha, J.)