IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17506 of 2009 1. BHAKTI CHAND PANDEY S/O SRI PREMCHAND PANDEY R/O MOHALLA- PANDEY GALI, GANGA HARI LANE, POST- DEOGHAR, P.S.- DEOGHAR, DISTT.- DEOGHAR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HOME, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR GENERAL OF POLICE BIHAR, PATNA 3. THE D.I.G. OF POLICE MUNGER RANGE, MUNGER 4. THE SUPERINTENDENT OF POLICE MUNGER ----------- 2/ 23/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was suspended on 30.9.1991 and remained so till 13.2.1993. He was subjected to three departmental proceedings and a composite order of punishment was passed dismissing him from service. In the memorial preferred by him before the Director General of Police, Bihar, by order dated 29.4.2004 the punishment was set aside and the matter remanded to the Superintendent of Police, for passing fresh separate orders in each of the three departmental proceedings. Learned counsel for the State places before this Court a letter of the Superintendent of Police, addressed to the Director General of Police, Bihar bearing No.178 dated 12.12.2007 enclosing three separate orders of punishment passed in the three separate departmental proceedings. 2 Learned counsel for the petitioner, therefore, submits that the petitioner proposes to challenge the fresh orders of punishment appropriately before the correct forum. He, however, emphasizes the non- payment of subsistence allowance during the period of suspension. It is made clear that this Court has not gone into the merits of the fresh orders of punishment and which is open for examination in its entirety by the appropriate forum where it may be challenged. Payment of subsistence allowance is a statutory right. If he is not paid for the period of suspension, let the respondents do so forthwith within a maximum period of three months from the date of receipt/production of a copy of this order before them. Let a copy of the order dated 12.12.2007 bearing No.178 with enclosures be kept on record. The contention of the petitioner that the order was never communicated to him and therefore issues of limitation may not be raised shall be open for consideration before the appropriate forum, if the petitioner satisfies the forum concerned. The writ application stands disposed. KC/ ( Navin Sinha, J.)