IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16656 of 2009 1. SUDHIR KUMAR TIWARY S/O SRI BHARAT TIWARY PRESENTLY POSTED AS ADDITIONAL COLLECTOR , SARAI KELA KHARSAWAN, DISTT- SARAI KELA- KHARSAWAN, STATE- JHARKHAND AT RANCHI Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SCRETARY GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY CUM- COMMISSIONER, DEPARTMENT OF PERSONNEL &ADMINISTRATIVE REFORMS GOVERNMENT OF BIHAR, PATNA 3. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY GOVERNMENT OF JHARKHAND , RANCHI 4. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL &ADMINISTRATIVE REFORM GOVERNMENT OF JHARKHAND AT RANCHI ----------- 2. 19.1.2010 Heard learned counsel for the petitioner for the State of Bihar and for the State of Jharkhand. The short submission made on behalf of the petitioner is that he has been visited with a warning only in a departmental proceeding which does not tantamount to punishment and therefore he cannot be denied his salary for the period of suspension. Reliance is placed upon a Division Bench of this Court in 2009(3) PLJR 15, to urge that when only a warning was given, this Court held that in a case where the period of suspension was otherwise treated to be one on duty, save and except for the purposes of salary, the order was not sustainable and the delinquent was entitled to his full salary less that paid as subsistence allowance. The application is allowed in terms of the Division Bench judgment holding that the petitioner is entitled to his full 2 salary for the period of suspension, less what has already been paid to him as a subsistence allowance. The order dated 9.2.2007 is set aside to that extent only. Since the issue pertains to the period of time when the petitioner was in service of the undivided State of Bihar, the answerability for compliance shall lie with the State of Bihar, to be complied with preferably within a period of two months from the date of receipt/production of a copy of this order. The writ application stands allowed to the extent indicated only. P. Kumar (Navin Sinha, J.)