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Judgment
Heard learned counsel for respective parties.
In the instant petition, petitioner has prayed for the fol-lowing reliefs:-
“(i) For issuance of an order/orders/ direction/directions/writ in the nature of Certiorari for setting aside the order dated 21.10.2021 vide Office Order No. 327 of 2021 and Memo No. 1049/R.0.sig. Patna dated 21.10.2021-passed by the Superintendent of and Po-lice (Wireless) Bihar, Patna whereby where under the Respondents have sus-pended to the petítioner without issuing any show cause notice to the petitioner and also pay held out to the petitioner whether is totally violation of principle of natural Justice.
(ii) And further for issuance of appropriate order/orders/direction/direc-tions writ in the nature of Mandamus di-recting and commanding to the Respon-dents to revoke the suspension of the peti-tioner and to pay arrears of salary with statutory interest for the ends of justice.
(iii) And further be pleased to grant other relief/relieves as the peti-tioner is entitled for.”
Undisputedly, petitioner has statutory remedy of appeal against order of suspension dated 21.10.2021 before the next higher authority to that of Superintendent of Police (Wireless) Bi-har, Patna.
Accordingly, the present petition stands disposed off as premature reserving liberty to the petitioner to prefer an appeal be-fore the appellate authority within a period of eight weeks from the date of receipt of this order. If such appeal is filed, the appellate authority is hereby directed to decide the petitioner’s appeal within a period of three months. The appellate authority is hereby directed to take note of decision of Hon’ble Apex Court in the case of Ajay Kumar Chaudhary vs. Union of India reported in (2015) 7 SCC 291.
Learned counsel for the petitioner submitted that peti-tioner has not been provided subsistence allowance during the pe-riod of suspension. In this regard, petitioner is stated to have sub-mitted representation vide Annexure-5 to 10.
The suspending authority is hereby directed to extend subsistence allowance in accordance with relevant rules, within a period of one month from the date of receipt of this order if subsis-tence allowance is not paid as on this date.