IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1376 of 2011 In Civil Writ Jurisdiction Case No. 5136 of 2009 ====================================================== Surendra Jha, Late Ram Nandan Jha, Resident of Village- Kachor, P.S- Kanhauli, District- Sitamarhi, Working as Treasury Sarkar, Bihar Vidhan Sabha Sachivalaya, Patna (now Dismissed) .... .... Petitioner/Appellant Versus 1. The State of Bihar 2. Adyaksh, Bihar Vidhan Sabha, Patna. 3. Secretary, Bihar Vidhan Sabha, Patna. 4. Deputy Secretary, Bihar Vidhan Sabha, Patna. 5. Sri Raj Narain Rai, Dy. Secretary (Retired), Bihar Vidhan Sabha Sachivalaya Cum Enquiry Conducting Officer. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Yogendra Mishra, Advocate. For the Respondent/s : Mr. Asit Kumar Jha, A.C to G.P. 6. For the Respondent nos. 2 to 5 : Mr. D. K. Sinha, AAG-2. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 04-11-2011 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 1st August 2011 passed by the learned single Judge in above CWJC No. 5136 of 2009 insofar as the appellant-writ petitioner has not been granted complete relief. The appellant, a Government servant, was dismissed from service on 25th March 2009. The challenge to the said order has been upheld. The learned single Judge has set aside the said order of dismissal dated 25th March 2009 and has issued direction to allow the appellant to Patna High Court LPA No.1376 of 2011 (3) dt.04-11-2011 2 / 2 2 submit his reply and to make fresh order within the time frame given by the Court. During the aforesaid exercise, the impugned order dated 25th March 2009 is ordered to be kept in abeyance. The Learned Additional Advocate General Mr. D.K. Sinha has appeared for the respondents. He has submitted that in compliance with the direction issued by the learned single Judge a fresh order has been made on 12th October 2011 dismissing the appellant from service. Learned Advocate Mr. Jogendra Mishra has appeared for the appellant. He has submitted that the moment impugned order dated 25th March 2009 was set aside the appellant regained the status of the Government servant. The learned single Judge has erred in not granting the consequential relief as a matter of course. We quite appreciate the point raised before us. In the aforesaid circumstances, we allow this Appeal to the extent that consequent to the impugned order dated 1st August 2011 made by the learned single Judge the appellant will be deemed to have been reinstated in service and continued under suspension. For the period from 1st August 2011 till 12th October 2011 the appellant will be paid subsistence allowance as was paid prior to his dismissal from service on 25th March 2009. Such subsistence allowance will be paid within six weeks from today. The Appeal is disposed of in the above terms. The parties will bear their own cost. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)