IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10289 of 2009 CHANDRA BHUSHAN CHOUDHARY, SON OF LATE RAM BAHADUR CHOUDHARY, RESIDENT OF VILLAGE AND P.S. KHIRHAR, DISTRICT MADHUBANI, PRESENTLY POSTED AS JUNIOR ENGINEER, BUILDING CIRCLE DARBHANGA, BUILDING CONSTRUCTION DIVISION, DARBHANGA---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE ENGINEER-IN-CHIEF, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, VISHWESWRAIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE PRINCIPAL SECRETARY/COMMISSIONER, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA-1. 4. THE CHIEF ENGINEER, NORTH BIHAR WING, BUILDING CONSTRUCTION DEPARTMENT, PATNA-1. 5. THE SUPERINTENDING ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, BUILDING CIRCLE, DARBHANGA. 6. THE EXECUTIVE ENGINEER, BUILDING DIVISION, SAMASTIPUR. 7. THE EXECUTIVE ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, CONSTRUCTION DIVISION, DARBHANGA---RESPONDENTS. ----------- 02. 24.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was placed under suspension in the light of the office order bearing Memo No. 2912 dated 25.5.2007, Annexure-2 and he is still under suspension as after service of memo of charge the inquiry proceeding is not making any head way as also the subsistence allowance is not being paid to him as per the Rules as even after more than one year of his suspension he is being paid only 50 per cent of his salary. 3. Counsel for the petitioner submits that his salary for the period prior to suspension between 1.3.2006 to 24.5.2007 has not been paid and for such payment he has requested the Chief Engineer, North Bihar Wing, Building Construction Department, Bihar, Patna under representation dated 25.6.2009 contained in Annexure-5 to this application. 4. Let the Chief Engineer, North Bihar Wing, Building Construction Department, Bihar, Patna consider the representation of the petitioner dated 25.6.2009, Annexure-5 and ensure payment of - 2 - subsistence allowance as per the Rules and pass appropriate orders 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. It goes without saying that if petitioner has not been paid salary for the period prior to his suspension between 1.3.2006 to 24.5.2007 then the same be paid to him within the same time. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)