- (1.) The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have no complaint about any audio and visual connectivity.
(2.) The instant appeal, filed under clause 10 of the Letters Patent of judicature of High Court at Patna, is directed against the order/judgment dated 15.03.2018 passed by learned Single Judge in W.P. (S) No. 4836 of 2016 whereby and whereunder the prayer for direction upon the respondents for disbursement of amount of subsistence allowance pertaining to the period of suspension as also for payment of arrears of salary for the period 01.05.2014 to 19.05.2014 has been denied by dismissing the writ petition on the ground that by virtue of final order passed by the disciplinary authority, the amount pertaining to subsistence allowance was directed to be adjusted against the defalcated amount.
(3.) The brief facts of the case, which are required to be enumerated herein for proper adjudication of the lis, are hereunder as: The writ petitioner-appellant, who was working as Assistant Manager, Jharkhand State Food & Civil Supply Corporation, Dhanbad, was put under suspension vide order dated 21.05.2014 in contemplation of departmental proceeding. He was also proceeded by instituting a criminal case being Tundi P.S. Case No. 32 of 2014 under Section 409 of the Indian Penal code and was taken into custody on 20.05.2014. The grievance of the writ petitioner-appellant before the writ Court was that though he was put under suspension but he was not paid subsistence grant in view of the provision of Rule 96 of the Jharkhand Service Code and to that effect he had also submitted representation before respondent no. 4 on 03.09.2014. The disciplinary authority decided to initiate a departmental proceeding and vide letter no. 616 dated 22.06.2016, the writ petitioner-appellant was intimated about the same enclosing therewith the memorandum of charge. Thereafter, the enquiry officer was appointed, who vide letter no. 620 dated 23.06.2016 directed the writ petitioner-appellant to submit his reply in his defence. After being released from judicial custody, the writ petitioner-appellant again made a representation before the respondent no. 4 for disbursement of the subsistence grant w.e.f. 20.05.2014 and payment of salary for the period 01.05.2014 to 19.05.2014 but it did not get any response. Meanwhile, the respondents-authorities has communicated decision dated 19.04.2017 issued under the signature of General Manager, Jharkhand State Food & Civil Supply Corporation, whereby and whereunder the writ petitionerappellant was communicated that in pursuance to the decision taken in the departmental proceeding final order has been passed whereby it was decided to adjust the defalcated amount from the retiral benefits/gratuity as also from the other heads and for rest of the amount, the disciplinary authority has decided to initiate a Certificate Proceeding. In pursuance to the order dated 19.04.2017 the amount pertaining to subsistence grant was adjusted against the defalcated amount, being aggrieved with the same the writ petitioner-appellant has invoked the writ jurisdiction of the Court conferred under Article 226 of the Constitution of India by filing writ petition being W.P. (S) No. 4836 of 2016, which was dismissed vide order dated 15.03.2018 by denying the claim for payment of subsistence grant which was adjusted towards recovery of the defalcated amount on the ground that said amount since was adjusted against the defalcated amount, therefore, there is no reason to pass any direction for disbursement of subsistence allowance. The said order is subject matter of present intra court appeal. ;