IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16514 of 2011 Poonam Kumari, wife of Shri Madan Kishore, resident of Mohalla- Delha, P.S.,-Delha, District-Gaya………………………….Petitioner. Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. Director (Administration-cum-Joint Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. Regional Deputy Director of Education, Magadh Division, Gaya. 4. District Education Officer, Gaya……………………..Respondents For the petitioner : Mr. Shivendra Kishore. For the respondents : Mr. Rakesh Kr. Srivastava, AC to G.P. No.- ----------- 2. 22.9.2011 Heard the parties. The petitioner has claimed the Subsistence Allowance for the period 25.9.2008 to December, 2009 stating that though she was present in the Headquarter but was not allowed to mark attendance. She has further stated that the enquiry report has been submitted by the Enquiry Officer on 18.12.2009 and on receipt of the same, a show cause notice was issued and it was directed to submit his show cause within fifteen days from the date of receipt of copy of order Authority concerned. Thereafter, the petitioner also filed her show cause on 3.8.2010 and till today no order has been passed. With regard to the Subsistence Allowance, it is directed that the authority will examine as to whether the petitioner was present in headquarter and or not, if it is found that petitioner was present and she was not allowed to mark attendance then there is no occasioned to deprive of the petitioner from Subsistence Allowance as per the C.C.A. Rules 2005. The competent authority is also directed to decide the issue 2 of Subsistence Allowance as per Rule-10 CCA Rule 2005 at the earliest so that she may be paid the same. If, the authority concerned comes to conclusion that she is entitled to the Subsistence Allowance, in that circumstances, they will also require to pass an order on enhancement of subsistence allowance as the departmental enquiry has been continuing for more than 12 months. The departmental proceeding is pending since 21.8.2008, the contention of the petitioner is that he has already filed the show cause on time but till today no final order has been passed in view of the above submission. This Court also directs Director Administration-cum-Joint Secretary, Human Resources Department, Govt. of Bihar (Respondent No. 2) to pass an order in the matter of departmental enquiry which is continuing for more than about three years. it is expected that a final order whould be passed within six weeks from the date of receipt/production of copy of this order. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Mkc/ (Shivaji Pandey, J.)