SYED ALL QAMBAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. P.K. Shahi, learned Counsel appearing on behalf of the petitioner, and JC to SC 9 for the respondent -State.

(2.) BY this application, the petitioner has prayed for quashing of the entire departmental proceeding in Departmental Proceeding No. 1 of 1993. and also the interim order of suspension, as contained in Memo No. 1325. dated 19 -11 -1991, putting the petitioner under suspension with effect from 16 -11 -1991 and also for holding that the entire disciplinary proceeding against the petitioner vitiated for nonpayment of subsistence allowance to him for the period of suspension.

(3.) SHORT facts giving rise to this application are as follows: It appears that while the petitioner was on deputation in CID (Food), Gopalganj, he remained absent without due permission and even he stayed away from election duties. In that view of the matter, he was put under suspension vide order, as contained in Annexure 1 dated 19 -11 -1991 with effect from 16 -11 -1991 and Departmental Proceeding No. 1 of 1993 was drawn up for departmental action. It further appears that pending departmental inquiry till date the petitioner is under suspension and he has not got his suspension allowance for whole of the period from 16 -11 -1991 till date.