IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18215 of 2008 SHYAM SUNDAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 23.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The prayer in this application is for payment of subsistence allowance due from 26.3.2008. This Court does not consider it necessary to detain this application for filing of counter affidavit. Payment of subsistence allowance to a suspended employee is a statutory obligation of the respondents under the Bihar Service Code. The respondents are therefore directed to pay the entire arrears of subsistence allowance to the petitioner from the date of suspension i.e. 26.3.2008, if not already paid, and continue to do so in accordance with law for the period that the suspension order may stand. Let such payment or part payment, as the case may be, paid to the petitioner within a maximum period of one month from the date of receipt and/or production of a copy of this order. If the contention of the petitioner is found correct and he has not been paid his subsistence allowance or a part of the subsistence allowance, this Court directs the Secretary, Department of Agriculture to hold an enquiry and fix responsibility and accountability for the reason that the petitioner had to approach this Court for what was essentially statutory obligation of the respondents and take appropriate administrative action against the delinquent concerned in accordance with law. The writ application stands disposed off with the observations and directions indicated above. Snkumar/- (Navin Sinha,J.)