IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.69 of 2008 ***** Pramod Chandra Munnu son of Shri Basudeo Prasad, resident of village Puranahia, P.S. Ghorasahan, District East Champaran. …. …. (Petitioner) Appellant Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Chief Secretary, Government of Bihar, Patna. 3. The Commissioner cum Secretary, Road Construction Department, Government of Bihar, Patna. 4. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna. 5. The Deputy Secretary-cum-Chief Vigilance Officer, Road Construction Department, Government of Bihar, Patna. 6. The Commissioner cum Secretary, Rural Development Department, Government of Bihar, Patna. 7. The Secretary, Rural Engineering Organisation, Bihar, Patna. 8. The Commissioner cum Secretary, Cabinet Vigilance Department, Government of Bihar, Patna. 9. The Under Secretary, Cabinet Vigilance Department, Government of Bihar, Patna. 10. Shri Kishore Ranjan Sinha, the Conducting Officer-cum-Chief Engineer, Rural Engineering Organisation, Bihar, Patna. 11. Sri Narayan Jha, Under Secretary, Road Construction Department, Bihar, Patna. … …. Respondents(Respondents) ----------- For the Appellant : Mr. Ambar Nath Banerjee, Advocate For the State : Mr. S.K.Ghosh, AAG-II ----------- 6. 6.5.2010. We have heard Mr. Ambar Nath Banerjee, learned counsel for the appellant and Mr. S.K.Ghosh, learned counsel for the State. In this intra-Court appeal the challenge is to the - 2 - order dated 12.12.2007 passed by the learned single Judge in C.W.J.C. No. 711 of 2007. The appellant invoked the extraordinary jurisdiction of this Court for issue of a writ of certiorari for quashing the order of suspension dated 3.4.2006 as well as the initiation and continuance of the departmental proceeding. The learned single Judge after taking note of the factual matrix and hearing the learned counsel for the parties expressed the view as follows: - “So far as consideration of promotion of the petitioner is concerned, once departmental proceeding is concluded and if the petitioner is exonerated, he shall be entitled to promotion from the date his juniors have been considered and promoted to the rank of Executive Engineer. For this purpose, respondents may adopt seal cover procedure in respect of the petitioner. Since the proceeding relates to periods 1990- 1993 and it has been initiated in 2006, it will be fit and proper that the respondents proceed in the matter expeditiously and make all endeavours to conclude the same within a period of six months from the date of receipt/production of a copy of this order.” Before us two aspects, namely, that the - 3 - appellant has not been paid the subsistence allowance from 2006 and that the proceeding has not yet been put to an end, were highlighted. Mr. Banerjee, learned counsel for the appellant submitted that it is the obligation on the part of the employer to pay the subsistence allowance and to conclude the disciplinary proceeding failing which the proceeding is liable to be set at naught. Mr. Ghosh, learned AAG-II, relying on the counter affidavit has submitted that the subsistence allowance has been paid up to March, 2010 and thereafter it is not being paid as the appellant is absenting himself and not giving his attendance in the office of headquarters. It is also urged by him that the disciplinary authority has concluded the proceeding, recommendation has been sent to the Bihar Public Service Commission (for short „the Commission‟) for concurrence and thereafter final orders would be passed. Having heard learned counsel for the parties, we are inclined to direct that the Commission, though not a party before us, shall send its opinion to the competent authority of the State Government within a period of four weeks from the date of receipt of the order passed today. Mr. Kaushal Kumar Jha, learned counsel, who ordinarily represents the - 4 - Commission, shall intimate the competent authority of the Commission about the order passed today. After receiving the opinion of the Commission, the State Government shall pass appropriate orders as available in law within four weeks therefrom. As far as subsistence allowance is concerned, there is nothing on the record that the appellant has not remained at the headquarters. What is being insisted upon that he has not been attending the office which has been fixed as his headquarters. Without entering into the said debate, as the proceeding has been continuing since long, we will command the State Government to release the subsistence allowance till the disciplinary proceeding is put to an end from all spectrums. With the aforesaid modification in the impugned order passed by the learned single Judge, the appeal stands disposed of without any order as to costs. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)