IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3630 of 2009 Kamla Prasad son of Shyam Narain Prasad, resident of mohalla 208, Saket Galaxy, Boring Canal Road, West Anandpuri, Patna, … Petitioner versus 1. The Hon’ble High Court of Judicature at Patna through The Registrar General, High Court, Patna, 2. The Registrar General, Patna High Court, Patna, 3. The State of Bihar through Law Secretary,Govt.of Bihar, Patna 4. The Accountant General, Bihar, Patna, …. Respondents For the Petitioner: M/s Naresh Dikshit, Dhirendra Kumar(Munna), SanjayKumar, Kunal Tiwary, and Ranjeet Kumar Pandey, Advocates. For Respondent Nos. 1 and 2: Mr. Rakesh Kumar, Advocate, For Respondent No. 3 : Ms. Archana Sinha, JC to GP 14, For A.G. : Mr. Kashi Nath Choubey, Advocate. … 3 08.04.2009 Heard learned counsel for the parties. While the petitioner was posted as District & Sessions Judge, Begusarai, he was suspended pending inquiry and a departmental proceeding was initiated against him on the basis of allegation aregarding grant of anticipatory bail to the accused persons. Charges were framed against the petitioner. The inquiry officer found him guilty. But after considering the reply to second show- cause no punishment, as contemplated under Rules, were imposed on him He was warned to be careful in future, no 2 other punishment including censure was imposed upon him. The order is as follows:- “Upon due deliberations and consideration of the Second Show cause filed by Sri Kamla Prasad, the Court have been pleased to resolve that the officer concerned, namely, Sri Kamla Prasad be warned to be careful in future.” By annexure 2 dated 23.11.2007, the suspension order of the petitioner was revoked. The contention of the petitioner is that he made a representation for payment of salary for the suspension period as well as inquiry period deducting the subsistence allowance, which was given to him. We called for the relevant files of the petitioner. It is seen that when his suspension was revoked on 23.11.2007, he was allowed to rejoin duty on 9.12.2007. It was decided that the suspension period from 21.1.2006 to 22.11.2007, undergone by the petitioner be treated to be on duty, save and except for the purposes of salary. He was communicated that he would be given salary and all consequential benefits accordingly for the period after 22.11.2007. In fact, no punishment as per the Rules was imposed on the petitioner. He was only warned to be 3 careful in future and not even the punishment of censure was given. We are of the view that the petitioner is entitled to full salary and consequential benefits after deducting the subsistence allowance, if any, paid to him for the period of suspension pending inquiry. It is stated that the petitioner has retired from service. In the facts and circumstances of the case, we direct that since the petitioner has already superannuated from service, he should be paid his full salary and all consequential benefits as early as possible. This application is, accordingly, allowed with the aforesaid direction/observation. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)