IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11277 of 2009 AWADHESH PASWAN, SON OF SRI BHULAN PASWAN, R/O VILLAGE BARA KALA, P.S. KOTHI, DISTRICT GAYA----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, GAYA. 3. THE SUPERINTENDENT OF POLICE, GAYA. 4. THE CIRCLE OFFICER, IMAMGANJ, GAYA---RESPONDETNS. ----------- 02. 03.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner who is Choukidar under suspension is aggrieved by the order bearing Memo No. 179 dated 6.6.2009 passed by the Circle Officer, Imamganj, Gaya, Annexure-6, whereunder directions have been made to recover the subsistence allowance paid to the petitioner during the period he was in custody in the light of his conviction in the criminal case. 3. Till date petitioner has not been dismissed from service in the light of his conviction in the criminal case, as such, in my opinion; payment of subsistence allowance cannot be withheld, much less recovered. Accordingly, order bearing Memo No. 179 dated 6.6.2009, Annexure-6 directing for recovery of the subsistence allowance paid to the petitioner between 29.3.2007 till 31.5.2007 is quashed with direction to the disciplinary authority to consider the judgment of conviction passed against the petitioner and take appropriate measure in accordance with law. Until petitioner is dismissed from service he must be paid the subsistence allowance including arrears. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)