IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16524 of 2004 NARENDRA PRASAD PANDEY SON OF LATE RAM PARIKSHAN PANDEY RESIDENT OF VILLAGE AND P.O. HARPUR REWARI, P.S. ANGAR GHAT, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, PRIMARY EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR (PRIMARY EDUCATION), SECONDARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA. 4. THE DIRECTOR (ADMINISTRATION) CUM DEPUTY SECRETARY, SECONDARY PRIMARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 6. THE ACCOUNTANT GENRERAL, BIHR, PATNA. ----------- 4 13/08/2010 By way of annexure-8 dated 31.07.2002 two punishments came to be imposed upon the petitioner. First was that the petitioner would not be entitled to get payment of any other amount except the subsistence allowance and the second was withholding of 5% pension for the next three years. Second punishment order stands withdrawn in appeal. Petitioner has no grievance now with regard to the same. So far as the first punishment order is concerned, his submission is that since the respondent authority did not - 2 - take recourse to Rule 97(3) of the Bihar Service Code, such punishment could not be imposed. Law on this issue is well settled that punishment of a kind of withholding of salary and other allowances for the period of suspension the respondents have to resort to the proceeding as laid down under Rule 97(3) of the Bihar Service Code. Failure to do so would vitiate the punishment order. Case of Dinesh Prasad Vs. State of Bihar and others reported in 2006(4) PLJR, 514, is authority on this issue. This writ application is allowed. Order of punishment that the petitioner would not be entitled to get payment of any other amount except subsistence allowance for the period of suspension stands quashed. AMIN (Ajay Kumar Tripathi, J.)