IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.346 of 2008 BRIJ BIHARI SINGH Versus THE STATE OF BIHAR & ORS ----------- For the appellant : M/s.Nand Kumar Singh & Arvind Kumar, Advocates. For the respondents :Smt. Nividita Nirvikar, G.P.16. -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---- Dated, the 4th July, 2008. Having heard the counsel for the appellant and the Government counsel, we are satisfied that the impugned order does not call for any interference in so far as the order of suspension is concerned. However, we are of the considered view that non-payment of the appellant’s salary from the month of February, 2007 until his suspension order dated 01.10.2007, even if is attributable to the appellant, now since he has raised grievance regarding that, it must be paid to him. As a matter of fact, the Government counsel does not dispute this position. Also on and from the order of suspension, as per the existing rule, the appellant is entitled to subsistence allowance. 2. We, accordingly, direct the respondents to pay to the appellant arrears of salary from the month of February, 2007 until 30th - 2 - of September, 2007 within four weeks. The arrears of subsistence allowance from Ist of October, 2007 until 30th of June, 2008, as per existing rule, shall also be paid within four weeks. The period of four weeks shall be reckoned from the date, the certified copy of the order is made available to the Government Counsel. It is also directed that subsistence allowance from the month of July, 2008 shall be paid as per existing rules every month. 3. The appeal is disposed of accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil