GUFARAN AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner as well as learned Counsel for the State.

(2.) Petitioner, who is an Executive Engineer working in the Rural Works Department, was suspended on 12.9.2007. Charges were framed against him only on 15.7.2009. Since the proceeding remained pending for more than two years, Petitioner moved this Court through CWJC No. 13054 of 2009. On 5.10.2009, when the writ application was taken up by this Court, Petitioner raised the question of legality of continuance of his suspension in view of Rule 9(vii) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. Since the charges had been framed, this Court did not go into that question. However, it was also contended that the Petitioner had not been paid subsistence allowance since the date of his suspension. Therefore, while disposing of the writ application, by order dated 9.10.2009 as contained in Annexure-9, this Court directed the Respondents to pay the subsistence allowance of the Petitioner within one month from the date of receipt/ production of a copy of the order and dispose of the proceeding within a period of six months thereafter failing which suspension was to be treated revoked.

(3.) Annexure-10 shows that the said order of this Court dated 9.10.2009 was served in the Rural Works Department on 19.10.2009. Thus, within one month, thereafter i.e. by 19.11.2009, the entire subsistence allowance of the Petitioner had to be paid. But the same was not paid, neither any order of revocation of suspension was issued. Therefore, Petitioner filed this writ application on 3.5.2010.