1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8424 OF 2007 Mr.Rajendra M. Nichat .. Petitioner Vs. State of Maharashtra & Ors. .. Respondents Dr.A.K.Barthakur and Mr.P.T.Thorat for the petitioner Mr.C.R.Sonawane, A.G.P. for the respondent nos.1 to 3 Mr.S.V.Pitre for respondent nos.4 and 5 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED : 29TH FEBRUARY, 2008 DATED : 29TH FEBRUARY, 2008 DATED : 29TH FEBRUARY, 2008 P.C.: 1. The only question which arise before us for consideration is as to whether the petitioner is getting subsistence allowance as provided under Rule 34(1)(b)(i) of M.E.P.S. Rules 1981. 2. It is not disputed that the petitioner was put on suspension by the respondent Management for 2 certain acts of misconduct by order dated 30th March, 2007. As the enquiry has not been concluded with the prescribed period, the respondents are paying subsistence allowance to the petitioner as per rules. 3. The grievance has been made by the learned counsel for the petitioner is that the charge sheet itself was furnished upon the petitioner beyond the period of 120 days so as to keep the petitioner out of job. On the other hand, it is the case of the respondents that the petitioner is draging departmental enquiry on flimsy ground and is not cooperating in the matter, that is the matter which has to be dealt with by the enquiry committee. 4. We accept the statement made by the respondent institution that the petitioner is being paid subsistence allowance as per rules. 5. There is no bar in law which prevents the Management for extending the period of enquiry. The only obligation is to pay subsistence allowance in accordance with rules and, therefore, in the 3 facts and circumstances, we are not inclined to interfere in the matter in exercise of our writ Jurisdiction. Petition stands dismissed accordingly. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J ) ( SMT.NISHITA MHATRE, J )