IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3050 of 1998 RAJENDRA PRASAD SON OF SHRI SABHAPATI PRASAD, RESIDENT OF VILLAGE-BRAHAMCHARI, P.O.LAGMA HAT, P.S. KAHALGAON, DISTRICT- BHAGALPUR, AT PRESENT POSTED AS CORRESPONDENCE CLERK, IRRIGATION DIVISION, WATER RESOURCES DEPTT., BHAGALPUR ……..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR,PATNA. 3. THE ENGINEER IN CHIEF, CENTRAL, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.THE JOINT SECRETARY, WATER RESOURCES DEPTT., GOVT. OF BIHAR, PATNA. 5.THE DEPUTY SECRETARY, WATER RESOURCES DEPTT., GOVT. OF BIHAR, PATNA. 6. THE CHIEF ENGINEER, WATER RESOURCES DEPTT., GOVT. OF BIHAR, BHAGALPUR. 7. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, BHAGALPUR. 8.THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, BHAGALPUR. …..RESPONDENTS. ----------- 8. 15. 01. 09. Heard learned counsel for the petitioner and the State. The petitioner had filed the present writ application for payment of his salary as well as subsistence allowance from the period September, 1993 to 14. 6. 1995, allegedly not paid and has further prayed for quashing the departmental proceedings initiated against him for certain alleged misconduct. However, during the pendency of writ application, the petitioner was inflicted with the punishment of dismissal from service as per Office Order contained in Memo No. 2360, dated 19. 11. 99, as contained in Annexure-37. It is submitted on behalf of the petitioner that notwithstanding the legality in passing the impugned order of dismissal the petitioner despite the order passed by this Court on 30th - 2 - September, 1999, where the Court directs that “ if the petitioner submits his joining at the place where he has been posted, the entire amount of subsistence allowances shall be paid without any delay”. In addition to that as per the impugned order also, the authority has sanctioned for payment of subsistence allowance for the period the petitioner was under suspension since he had joined his place on 11.10.99, which has been taken note in the impugned order. A supplementary affidavit has also filed today stating the fact that he has not received subsistence allowance after he joined at Jamshedpur, in the office of Chief Engineer, dated 11.10.99. Learned counsel appearing on behalf of the State, opposed the prayer of the petitioner and submits that as regard payment of subsistence allowance if not paid, as claimed by the petitioner, the same would be paid within a period of two months from the date of receipt/production of certified copy of order. As regards order of dismissal as assailed by the petitioner, learned counsel for the State submits since the petitioner has raised various disputed questions of fact as such he ought to have filed an appeal under the provisions of Bihar Civil Services (Classification, Control and Appeal) Rules, 1930. At this stage learned counsel submits that he has represented against order of punishment. He however may be permitted to file supplementary grounds of appeal giving details as also annexing with the relevant documents within a period of two months on receipt of certified copy of order. In case such appeal is filed, the Appellate - 3 - Authority shall consider the appeal and disposed of by a reasoned order on merit in accordance with law preferably within the period of six months on receipt of such appeal. As regards, subsistence allowance for the suspension period and admitted dues towards salary if any, the same may be paid within the period of two months from the date of receipt/production of certified copy of order at the rate of 8 (eight) per cent per annum. As regards, occupation of official quarters, it has been submitted by the petitioner that the same shall be vacated on receipt of copy of order passed on his appeal. It is made clear that this Court has not expressed any opinion on the merit of the issue raised in the writ application. With the aforesaid observations, this writ application is disposed of. m.p. (Shailesh Kumar Sinha, J.)