Sambhu Kant Dubey vs State of Jharkhand and Others

S.N. Mishra, J.—Admitted position in this writ application is that the petitioner was placed under suspension on 10.9.1996 in contemplation of a departmental proceeding. However, the suspension order was revoked on 9.3.2000. It is stated that though the petitioner has already filed show-cause to the charge- sheet, yet the departmental proceeding has not been concluded. Accordingly, the respondent authority is directed to conclude the departmental proceeding within six weeks from the date of receipt/production of a copy of this order failing which the departmental proceeding shall stand automatically quashed. It goes without saying that the petitioner will co-operate with the departmental proceeding failing which the respondent authority will be at liberty to proceed ex parte and conclude the proceeding, within the time aforesaid. The further grievance of the petitioner is that though he remained under suspension with effect from 10.9.1996 till 9.3.2000, yet the subsistence allowance has not been paid, for the reasons, best known to the State respondents. Accordingly, respondent authorities particularly respondent, the Executive Officer, Madhupur Municipality, Deoghar, is directed to pay all the arrears of subsistences allowance within three weeks, if not already paid, from the date of receipt/production of a copy of this order, failing which the respondent will be liable to pay interest at the rate of 18 per cent per annum from the date of suspension till the disposal of the departmental proceeding. This disposes of the writ application. Let a copy of this order be handed over to the learned counsel, appearing on behalf of the respondents.

Application disposed of.