MD ASHRAF ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Md. Ashraf Ali has filed this writ petition for quashing the office order letter No. 72 dated 12.2.93.

(3.) By the above impugned order, Annexure 6 to the writ petition, the services of the Petitioner have been terminated. The Petitioner was posted as Inspector in the department of Regional Handloom Weavers Co-operative Union Ltd. Admitted position in this case is that the Petitioner was suspended on 27.11.1992 but no subsistence allowance was paid to him and he could not take part in the inquiry resulting into the impugned order. In paragraph 13 of the writ petition it has been averred "That it is also not but of place to mention here that after suspension and during the tendency of departmental enquiry till passing of the impugned order dated 12.2.1993 the Petitioner was not getting a single farthing towards subsistence allowance etc. On this score alone the entire departmental proceeding along with the impugned order should be quashed and it has no leg to stand because there is clear violation of Article 21 of the Constitution of India."