IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1054 of 2010 KRISHNA NAND MISHRA Versus THE STATE OF BIHAR & ORS ----------- 3. 29.7.2010 Heard learned counsel for the petitioner and the State. Despite passage of six months inclusive of one adjournment, no counter affidavit has been filed by the State and prayer is made for further adjournment. This Court declines the same. Subsistence allowance is a statutory right to be paid in accordance with law. This Court finds it difficult to appreciate as to why for a routine administrative matter in accordance with the Bihar Service Code, orders of this Court are required. If the petitioner is under suspension and has reported at his headquarters during the period of suspension, let the subsistence allowance along with all arrears be paid to him from the date of suspension along with interest at the rate of 2 per cent. Since the petitioner had to approach this Court for what was otherwise a routine administrative duty of the respondents, this Court considers it proper to direct that the Secretary, Human Resources Department, Government of Bihar shall direct an 2 enquiry into the circumstances as to why subsistence allowance has not been paid. If he is satisfied that the subsistence allowance was not paid to the petitioner from no fault of the petitioner, after issuance of show cause to the delinquent concerned, he shall direct recovery of the interest amount from the salary of that person. In no event shall the Government coffer be answerable for the interest amount except for the limited purpose of compliance of this order within a maximum period of four weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)