1 2025:CGHC:4775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5289 of 2024 Jai Singh Aged About 50 Years, S/o Late Shri Sukhi Ram Singh Currently Posted As Headmaster, Government Middle School Lamer, Tehsil- Takhatpur, District- Bilaspur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary School Education, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur, C.G. 2. The Joint Director, Education Division Bilaspur, District- Bilaspur, C.G. 3.The Collector Bilaspur, District Bilaspur, C.G. 4.The District Education Officer, Bilaspur, District Bilaspur, C.G. 5.The Naib Tehsildar Ganiyari, Bilaspur, District Bilaspur, C.G. ... Respondents (Cause title taken from Case Information System) For Petitioner : Shri Harshmander Rastogi, Advocate. For Respondents/State : Ms. Nupur Trivedi, PL. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 27/01/2025 1. Heard Shri Harshmander Rastogi, learned counsel for the petitioner and Ms. Nupur Trivedi, learned Panel Lawyer for the State. 2. Instant petition has been filed seeking following reliefs:- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.02.10 10:37:12 +0530 2 “(i)The Hon’ble Court may kindly be pleased to quash/set aside the impugned order dated 16/08/2024 (Annexure P/1) issued by the respondent Joint Director Education Division, Bilaspur against the petitioner. (ii)The Hon’ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon’ble Court deems fit and proper in favour of the petitioner as per the facts and circumstance of the present case, in the ends of justice.” 3. Learned counsel for the petitioner submits that the charge sheet has already been filed on 4/10/2024. He placed reliance in case of Kamlapati Dubey Vs. Union of India reported in MANU/DE/1003/1997 for increasing of subsistence allowance from 50% to 75% since the suspension period has crossed the time limit of three months. 4. As such, at this stage without commenting anything on the merits and without considering in the aspect of the suspension order, I deem it appropriate to direct the respondent/authorities to conclude the departmental enquiry itself within a period of one year from the date of filing of the charge sheet as per circular dated 27/06/2024 passed by the State Government. Further the respondents are also directed to consider the case of the petitioner for grant of subsistence allowance which is at present being given to the extent of only 50%. As held in case of Kamlapati Dubey (supra) it has been considered that when the petitioner is under suspension, according to the Central Civil Services (Classification, Control and Appeal) Conduct Rules, 1965, after three months, the subsistence allowance ought to be increased 3 from 50% to 75%. In the present case, since the petitioner is under suspension for more than three months, therefore the State authorities are directed to consider and increase the subsistence allowance of the petitioner from 50% to 75% in accordance with the Rules. 5. With such observation, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad ) Judge gouri