IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17435 of 2008 HRISHI KESH PANDEY Versus THE STATE OF BIHAR & ORS ----------- 2. 04.02.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is for quashing of the order dated 27.9.2008 contained in Memo No. 2069 whereby the petitioner was put under suspension. Further prayer is for quashing of the order dated 14.10.2008 contained in Memo No. 2289 through which the charge framed against the petitioner in the departmental proceeding has been communicated to him. Considering the fact that suspension order has been issued against the petitioner in contemplation of departmental proceeding, I do not find any reason for quashing of either suspension order or the charge sheet issued to the petitioner. Counsel for the petitioner submits that during the period of suspension, he is not being paid his subsistence allowance. Counter affidavit has been filed on behalf of respondent No. 3 in which it is stated that the Sub-divisional Education Officer, Siwan has been made Inquiry Officer in the departmental proceeding initiated against the petitioner. Charge has already been issued to the petitioner vide Memo No. 2289 dated 14.10.2008 and communicated through registered post. Till date, the petitioner has not submitted his show cause and - 2 - he is not cooperating in the departmental proceeding. The petitioner was relieved for giving joining at the headquarter fixed during disciplinary proceeding but he neither handed over the charge nor joined at the headquarter. This is the reason that subsistence allowance is not being paid to the petitioner. The petitioner is directed to join at the headquarter within ten days from today. In case the petitioner joins at headquarter, he should be paid his subsistence allowance. The petitioner will submit his show cause and cooperate in the departmental proceeding. This application is dismissed. Akv/ (Mridula Mishra, J.)