IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10996 of 2009 DINA NATH YADAV, SON OF LATE RAM CHANDRA YADAV, RESIDENT OF VILLAGE BANSWAR, POLICE STATION BRAHMPUR, DISTRICT BUXAR---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, BUXAR. 3. SUPERINTENDENT OF POLICE, BUXAR. 4. OFFICER IN CHARGE, BRAHMPUR POLICE STATION P.S. BRAHMPUR DISTRICT BUXAR. 5. CIRCLE OFFICER, BRAHMPUR ANCHAL, DISTRICT BUXAR ----RESPONDENTS. ----------- 02. 31.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Chaukidar in the Circle Office, Brahmpur in the district of Buxar. He was made accused in Brahmpur P.S. case No. 162 of 2003 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act and on account of his involvement in the said case was placed under suspension. Later he has been convicted in the aforesaid case under judgment passed by the trial court, which has been assailed by filing Cr. Appeal No. 614 of 2007, which is pending in this Court. 2. This writ application has been filed for a direction to the State Respondents to pay the petitioner arrears of subsistence allowance for the period during which he remained under suspension and was not dismissed on account of his conviction in the criminal case. 3. Let the District Magistrate, Buxar consider the case of the petitioner for payment of arrears of subsistence allowance for the period during which he remained under suspension in accordance with law as early as possible, in any case within one month from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -