B.M.Lal, J.

1. Jahagir Khan and Md. Khalik Khan, who are Havildar and constable in Police Department, have filed this writ petition challenging their transfer orders as contained in Annexures 3 and 3/1 and their suspension orders as contained in Annexures 1 and 1/1, respectively and a further prayer has been made that their subsistence allowance be increased to the extent of 3/4th of their respective salary.

2. At the relevant time, the petitioners were posted in Siwan district and were deputed as shadow of Md. Sahabuddin, M.L.A. However, both the petitioners along with others have been charge-sheeted for the offences punishable under Sections 307/353/34 of the Indian Penal Code read with Sec. 27 of the Arms Act.

3. Consequent upon the criminal prosecution, both the petitioners were put under suspension vide orders as contained in Annexure 1 and 1/1 both dated 4-5-1996. Thereafter, vide orders as contained in Annexures 3 and 3/1 both dated 24-1-1998 both the petitioners were transferred to Patna and Samastipur, respectively.

4. Learned Counsel appearing for the petitioners contended that during the suspension period a delinquent employee cannot be transferred and to substan