IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17786 of 2011 Sanju Kumar CLERK, D.T.O. SAHARSA SON OF LATE RADHE KRISHNA SHARMA, D.B. ROAD, WARD NO. 10, P.S. SAHARSA, DISTRICT SAHARSA. Versus The State Of Bihar & Ors ---------------------------------- 2 23/11/2011 Petitioner is a clerk posted under the District Transport Officer, Saharsa. For certain acts of omission and commission he was put under suspension on 28.07.2009 and even a departmental proceeding was initiated. The proceeding culminated into imposition of certain punishment as would be evident from annexure-1 dated 4.4.2011. The cause for the petitioner to approach this High Court is non-payment of subsistence allowance from the date he was put under suspension which is said to be 28.07.2009 till the order of revocation of suspension dated 4.4.2011 was passed. It is his categorical assertion that he has not been paid any subsistence allowance during this period. If it is true, then it is a case of omission on the part of the authority concerned especially the disciplinary authority as the employee concerned ought to have been paid the - 2 - subsistence allowance if he remained under suspension for the period in question. His next contention is that after revocation of suspension on 4.4.2011 and his joining, he is not getting his regular salary for the period. These are issues which seem to be administrative lapses and omission than any impediment under the law coming in the way of the petitioner. In view of the same, this writ application is disposed of with a direction upon the District Transport Officer, Saharsa that taking the above factual aspects into consideration coupled with the order passed by the Transport Commissioner contained in annexure-1, he has to work out the mechanism for payment of subsistence allowance to the petitioner for the period of suspension as well as ensure payment of his regular salary after his joining and revocation of his suspension in terms of annexure-1. The Court expects the issue to be sorted out within a period of three months from the date of production of a copy of this order. This writ application stands disposed of. AMIN/ (Ajay Kumar Tripathi, J.) - 3 -