IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9480 of 2010 VIJAY KUMAR SINGH S/O LATE RAMANAND PRASAD R/O VILL.- MAVYA, P.S.- MAKER, DISTT.- CHAPRA AT PRESENT SUSPENDED DISTRICT ENGINEER, ZILA PARISHAD, MADHEPURA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE PRINCIPAL SECRETARY RURAL WORK DEPARTMENT, GOVT. OF BIHAR, VISHWESHWARIYA BHAVAN, BAILEY ROAD, PATNA 3. THE ADDITIONAL SECRETARY RURAL WORK DEPARTMENT, GOVT. OF BIHAR, VISHESHWARAIYA BHAWAN, BAILY ROAD, PATNA 4. THE JOINT SECRETARY RURAL WORK DEPARTMENT, VISHESHWARAIYA BHAWAN, BAILY ROAD, PATNA 5. OFFICER ON SPECIAL DUTY (O.S.D.) RURAL WORK DEPARTMENT, VISHWASHWARIYA BHAVAN, BAILEY ROAD, PATNA 6. THE CHIEF EXECUTIVE OFFICER DISTRICT BOARD, MADHEPURA For the Petitioner : Mr. Ranjit Jha, Advocate. For the State : Mr. Raj Kamal, AC to SC-20. For respondent no.6 : Mrs. Binita Singh, Advocate. ----------- 04. 28.06.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the two notification of the State Government bearing Memo Nos.308 and 310 dated 16.1.2008, Annexures-7 and 8, whereunder he has been placed under suspension during the period between 29.7.2005 till 29.5.2007 when he was in jail custody as also for the period during which he is undergoing departmental proceeding. 3. It is submitted on behalf of the petitioner that till date he has not been paid any subsistence allowance. He also states that there is no progress in the departmental proceeding and petitioner is just languishing in suspension, although for similar allegation he was also prosecuted in criminal case but the case ended in his acquittal as would appear from judgment dated 22.4.2010, Annexure-15. After acquittal of the petitioner the authorities are empowered to initiate - 2 - departmental proceeding, as such, there does not appear to be any illegality in the proceeding initiated against the petitioner under Annexure-8 but during the pendency of the proceeding petitioner is to be paid subsistence allowance and accordingly, direction is being given to the competent authority to pay the subsistence allowance of the petitioner in accordance with law for the period of custody as also for the period after he is released from jail and has been placed under suspension under notification dated 16.1.2008, Annexures-7 and 8 with further direction to the authorities to conclude the proceeding as early as possible, in any case within reasonable time, not exceeding six months from the date of receipt/production of a copy of this order before the Enquiry Officer. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)