AMARESHWAR SAHAY, J. - (1.) HEARD the learned counsel for the parties.
(2.) THE petitioners have challenged the order dated 18.12.2002 contained in Annexure -5 to this writ petition passed by the Sub -Divisional Officer, Gumla, (Respondent no.2) in Case No. 1 of 2000, whereby in purported exercise of power section 26(2) of the Bihar Shops and Establishments Act, 1953, the Sub -Divisional Officer, Gumla, held that the applicant Anand Kishore Panda (Respondent no.3 herein) is still the employee of Professional Assistance for Development Action (herein after called as "PRADAN" for the sake of convenience) and thereby he is entitled to get the subsistence allowance and salary as per Rules. The facts giving rise to this writ petition in short are that the respondent no.3, who was an employee and was posted as Assistant (Account, Finance and Administration) in the concerned Society i.e. "PRADAN" and in course of employment he was suspended from service after he was found to be indulging in financial irregularities. During the period of his suspension, respondent no.3 tendered his resignation from service on 14.9.1999. A criminal case was also lodged against him, in which respondent no.3 was taken into custody. Subsequently after he came out from the jail custody, he filed an application under section 26(2) of the Bihar Shops & Establishments Act before the Sub -Divisional Officer, Gumla, which was registered as Case No. 1 of 2000; a copy of the same has been annexed as Annexure -1 to this writ application.
(3.) FROM perusal of the application filed by the respondent no.3 it appears that the prayer was made by the respondent no.3 that the O.P. i.e. the Employer be directed to pay the amount due to him.;