- (1.) REJOINDER to the respondents' counter affidavit has been filed by the petitioner stating there in that since after the date of suspension, the petitioner has consistently remained at the headquarters at Daltonganj, where the college in which he is employed is situated. It is submitted that despite personal contact and repeated representations to the University authorities, the petitioner was not allowed to mark his attendance at the college on the ground that he is under suspension. The petitioner's representation seeking permission to leave the headquarters on account of serious ailment of his wife, has also remained unanswered by the respondents. Furthermore; ever since the date of suspension, he has not been paid his subsistence allowance and the order of suspension has continued since June, 2007 without any departmental proceeding having been initiated against him. The petitioner has also prayed that pending decision on the prayer in the writ petition, the concerned authorities of the respondents be directed to pay subsistence allowance to the petitioner forthwith.
(2.) SRI A.K. Mehta, learned counsel for the respondent -University would explain that the petitioner is under suspension on account of the fact that he was sent to jail in a criminal case instituted against him. No departmental proceeding was initiated against him since the decision in the criminal proceeding against the petitioner is awaited. Learned counsel further submits that from the report of the Principal Incharge of the College, the petitioner is supposed to be at the headquarters and he has not been found at the headquarters on account of which petitioner's subsistence allowance could not be paid to him. Learned counsel further adds that since 17.1.2009, the college where the. petitioner is employed, has been taken over by the Nilamber Pitamber University, Daltonganj, and the responsibilities in respect of the petitioner have to be henceforth undertaken by that University and not by the respondent -Ranchi University.
(3.) LEARNED counsel for the respondent -University on being asked, is not able to state as to by what process should the petitioner signify his presence at the headquarters. Considering the statement made by the petitioner on oath that he had remained present at the headquarters all along and has not engaged himself in any gainful employment during the period of his suspension, the dispute need not be gone into as to whether his statement is correct or that of the In -charge Principal. Suffice it to say that the petitioner is entitled to receive subsistence allowance during the period of suspension. If the respondent -college wants the day to day presence of the petitioner in the college, then they shall open a separate attendance register for the petitioner so that he may report at the college and mark his attendance every day. The respondent Ranchi University is directed to release within one month from today the entire arrears of subsistence allowance payable to the petitioner from the date of his suspension till the date when the college was taken over by the Nilambar Pitamber University, Daltonganj.;