RAM CHARITAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the petitioner, who retired from service of the State Government on 1.3.1997 while working as Supply Inspector in the Department of Food and Civil Supplies, is aggrieved by non-release of his post retiral dues and also by order dated 16.4.1998 contained in Annexure-9, validity of which has been challenged in the interlocutory application (I.A. No. 4833/98). By the said order contained in Annexure-9, it has been held that the petitioner shall not be entitled for any other amount except the amount of subsistence allowance during the period of his suspension, i.e. from 10.12.1985 to 14.5.1992. The learned Counsel for the parties have rightly pointed out that the said period of suspension has been wrongly mentioned in the said order. In fact, the petitioner was placed under suspension during the period from 23.6.1986 to 14.5.1992.

(2.) The learned Counsel for the petitioner has further submitted that the petitioner was not paid any thing by way subsistence allowance and also his salary for the period 10.12.1985 to 23.6.1986.

(3.) In short, the relevant facts are that the petitioner was placed under suspension with effect from 23.6.1986 vide order contained in Annexure-2 in contemplate of a departmental proceeding, which was later initiated vide order dated 9.6.1993 contained in Annexure-1. However, the said proceeding admittedly did not terminate ill the petitioner was allowed to superannuate from service on 1.3.97.