1 2026:CGHC:21689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3952 of 2026 Ajay Kumar Sharma S/o B.R. Sharma Aged About 60 Years R/o Govindpur P.S. Kotwali District- Kanker (C.G.) At Present Excise Sub Inspector Circle Bacheli District- Dantewada (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Principal Sectary Commercial Tax (Excise) Mantralaya Mahanadi Bhavan Naya Raipur District- Raipur (C.G.) 2. Commissioner Excise North Block- Sector 19 Naya Raipur District- Raipur (C.G.) 3. Distrit Excise Officer Dantewada District- Dantewada (C.G.) 4. Collector Dantewada District- Dantewada (C.G.) ... Respondent(s) For Petitioner(s) : Mr. T.K. Jha, Senior Advocate along with Mr. Rohan Kumbhare, Advocate For Respondents/ State : Ms. Apurva Nigam, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 08/05/2026 Heard. 1. The present writ petition has been filed for the following reliefs:- JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.05.09 11:03:33 +0530 2 “10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and issue an appropriate writ/writs,order/orders, direction/directions directing the respondents to forthwith release subsistence allowance to the petitioner from the date of suspension order till date and Direct payment of arrears of subsistence allowance along with interest. 10.2 Pass any other order/orders deemed fit in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner was working as an Excise Sub-Inspector under the Office of the District Excise Officer, Bastar, Dantewada. He further submits that on allegations of misappropriation, the petitioner was placed under suspension vide order dated 05.12.2025. It is submitted that although the petitioner has remained under suspension since 05.12.2025, the respondents have not released the subsistence allowance payable to the petitioner till date, despite the same being legally admissible. Hence, the present petition has been filed. 3. Learned State counsel, on instructions, submits that due to non- availability of the petitioner’s service book at the headquarters, i.e., Jagdalpur, the subsistence allowance could not be released. She further submits that the admissible subsistence allowance shall be released by the end of May, 2026. 3 4. I have heard learned counsel for the parties and perused the records. 5. Subsistence allowance is a statutory and essential payment intended to enable an employee under suspension to sustain himself during the pendency of disciplinary proceedings. Non- payment of subsistence allowance for a prolonged period adversely affects the livelihood of the employee and may also prejudice his right to effectively defend himself in the departmental proceedings. 6. Further, considering the submissions advanced by learned State counsel that the subsistence allowance payable to the petitioner could not be released due to non-availability of the service book at the headquarters, i.e., Jagdalpur, and further taking note of the statement that the said amount shall be released by the end of May, 2026, this Court deems it appropriate to dispose of the present petition with a direction to the respondents to ensure release of the admissible subsistence allowance payable to the petitioner within a period of ten days from the date of receipt of a copy of this order. 7. With the aforesaid direction, the present petition stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE Jyoti