CW 3241/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3241/06 Lalu Versus Jaipur Vidhyut Vitran Nigam Ltd. & Ors. DATE OF ORDER : 05/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashwani Chobisa, for petitioner Mr. Shailesh Prakash Sharma, for respondents *** Instant petition was basically filed by petitioner for release of his subsistence allowance during the period petitioner remained under suspension and so also increments for the intervening period. Petitioner on contemplation of inquiry was suspended on 5th April, 1999 and charge sheet was served upon him on 16th April, 1999. However, pending inquiry, petitioner was reinstated on 2nd July, 1999 [Ann.6] and in Para 9 of the reply filed by respondents it has been categorically averred that subsistence allowance, which was admissible to him under law, was paid in 1999 itself - documents to this effect have been placed on record as Ann.R/1 & Ann.R/2. It has been further averred that in disciplinary inquiry CW 3241/06 [2] after petitioner being held guilty was punished with the stoppage of three annual grade increments without cumulative effect vide order dt.28th May, 2005 and in these changed circumstances, petitioner is not entitled to seek any relief in the instant petition. So far as subsistence allowance as claimed by petitioner is concerned, in view of reply filed by the respondents, subsistence allowance has already been paid and order inflicting penalty has not been challenged in the instant petition. In view of change in circumstances, present petition has become infructuous and accordingly, dismissed. However, petitioner will be at liberty to avail remedy against penalty inflicted upon him available to him under law. [AJAY RASTOGI], J. FRBOHRA3241CW06 5-1.doc