SHANKARMANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application has prayed for quashing of a show-cause notice issued by respondent No. 4 dated 1.10 1991 and 3.10.1991 as contained in Annexures 2 and 4 to the writ application whereby and whereunder the petitioner has been directed to show cause as to why he has been absenting from the Headquarter. The petitioner has, however, filed an application for amendment of the writ application on 22.9.1993 wherein he has questioned the Circular dated 2.8.1985 as contained in Annexure A to the counter-affidavit issued by the State of Bihar.

(2.) The petitioner was placed under suspension by an order dated 14. 5 .1987 as contained in annexure 1 to the writ application. According to the petitioner, the subsistence allowance had not been paid to him for the period mentioned in paragraphs 10 and 11 of the writ application. The petitioner by memo dated 23.9.1991 as contained in Annexure 2 to the writ application was asked to explain his absence from the office The The petitioner filed a show cause stating that he was ill from 23.9.1991 to 29.9 1991 and during that period he was not outside the Head Quarters. Another officer order dated 3.10.1991 was issued directing the petitioner to explain his absence on 3.10.1991 and on 1.10.1991 on receipt whereof he submitted his explanation which is contained in Annexure 3 to the writ application.

(3.) The respondents in their counter-affidavit, inter alia, have contended that the State of Bihar has issued a circular letter dated 2- 8-1985 whereby and whereunder all the suspended employees were directed to mark their attendance at headquarters during the period of suspension It was further directed that the suspended employees should obtain the permission from the controlling officer prior to leaving the headquarters and subsistence allowance would be paid on the basis of the attendances marked in the attendance register.