DR. AWADH KISHORE LAL, SON OF LATE RAM PRASAD LAL, RESIDENT OF C/O PROF. ALAKH NARAYAN PRASAD, HARIHAR SINGH ROAD, MANDA BAGICHA, MORABADI PO AND PS BARIATU, DISTRICT RANCHI Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter-alia prayed for issuance of an appropriate writ/order/direction for quashing the notification as contained in Notification Number 243 dated 10.02.2011 whereby the petitioner has been dismissed from services with retrospective effect from 27.04.2009 and the petitioner has further prayed for issuance of an appropriate writ/order/direction commanding upon the respondents to forthwith release the arrears of subsistence allowance with effect from 27.04.2009 till 10.02.2011 along with interest.

(2.) The facts as delineated in the writ application, in a nutshell is that the petitioner while being posted as Touring Veterinary Officer, Senha, Lohardaga was put under suspension vide order dated 21.12.1998 as contained in memo number 1467 posted on the ground of his alleged involvement in a case being RC 57 (A)/96 with a direction for payment of subsistence allowance in pursuance to Rule 96 of the Service Code. From the date of suspension, the petitioner has been paid subsistence allowance till 23.04.2009 but thereafter the same has been withheld.

(3.) Being aggrieved by non-payment of subsistence allowance, the petitioner has made representation before the respondent authorities as evident from Annexure-1 to the writ application but the representation submitted by the petitioner failed to evoke any response from the respondent authorities. Subsequently, by virtue of issuance of notification number 243 dated 10.02.2011 the services of the petitioner has been dismissed with retrospective effect from 27.04.2009 on the ground of his conviction in connection with the case bearing number RC 57 (A)/96 as evident from Annexure-2 to the writ application.