IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18413 of 2009 1. RADHA KRISHNA SINGH S/O LATE YADUNANDAN SINGH R/O VILL BAGWA, P.S.AGIWAN, DISTT-BHOJPUR AT PRESENT RESIDING AT JAI PRAKASH NAGAR, ARRAH,DISTT-BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT HAVING HIS OFFICE AT VISHWESHASARIYA BHAWAN, DISTT-PATNA 2. THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT HAVING HIS OFFICE AT VISHWESHARAIYA BHAWAN , P.S. SHASHTRI NAGAR, DISTT- PATNA 3. THE ENGINEER-IN -CHIEF ROAD CONSTRUCTION DEPARTMENT HAVING HIS OFFICE AT VISHWESHARAIYA BHAWAN, P.S. SHASHTRI NAGAR, DISTT- PATNA 4. THE FINANCE COMMISSIONER HAVING HIS OFFICE AT OLD SECRETARIAT , P.S.SACHIVALAYA, DISTT-PATNA 5. THE ACCOUNTANT GENERAL (A&E) BIHAR, PATNA HAVING HIS OFFICE AT BIRCHAND PATEL PATH, P.S.KOTWALI, DISTT-PATNA ----------- 02 31/03/2010 After some arguments leave is sought to withdraw the application to pursue the alternative statutory remedy. Any such application preferred by the petitioner has to be considered by the statutory authority independently in accordance with law when the withdrawal of this application shall not prejudice the same. The application stands dismissed as withdrawn. Payment of subsistence allowance is a statutory right. If what the petitioner contends be correct that subsistence allowance has not been paid to him for the period of suspension, and if the petitioner represents for the purposes before the disciplinary 2 authority, independent of the petitioner pursuing the statutory alternative remedy, this Court directs the disciplinary authority to examine the claim for subsistence allowance and pay the legitimate dues, if any, forthwith within a maximum period of six weeks from the date of receipt/production of a copy of this order. P.K. ( Navin Sinha, J.)