IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13872 of 2009 1. RAMCHANDRA SAFI S/O SHRI RAMKRISHNA SAFI VILL & P.O- NARAYANPUR, VILA-VISHNUPUR, P.S- SAKATPUR, DISTT- DARBHANGA---------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT EDUCATON OFFICER DARBHANGA, AT & P.O- DARBHANGA 5. THE DISTRICT SUPERINTENDENT OF EDUCATON AT & P.O- DARBHANGA-----------------------RESPONDENTS ----------- 5 17.1.2011 Heard learned counsel for the parties. The Court expresses its displeasure against the District Superintendent of Education, Darbhanga in the background that an effort was made by him to convey to the Court that subsistence allowance to the petitioner has been made in its entirety. There is clear and categorical assertion made in the writ application that petitioner is under suspension since the year 2001 and he had not even been paid subsistence allowance in all these years. In the first counter affidavit which has been filed, details of the payments have been shown but that covered the period 2005 onwards and nothing was stated with regard to the period prior to 2005 relating to the year 2001. Only when the Court took a negative view against the office of District Superintendent of Education then a supplementary counter affidavit has now been filed wherein payment of subsistence allowance for the period 13.10.2001 to 31.7.2010 have been included which did not include the payment which has already - 2 - been made. This payment has been recently made i.e. on 8.01.2011. The District Superintendent of Education is cautioned or warned that he should be careful in the matters which are under adjudication before the High Court with regard to the kind of submission he makes or the affidavit which he files. In view of what has transpired the present writ application is disposed of with further direction that the issue of so called departmental proceeding must also reach its finality at the earliest since the petitioner has already superannuated on 31st July, 2010. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)