IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.20825 OF 2010 SHANKAR RAM VERSUS THE STATE OF BIHAR & ORS ***** FOR THE PETITIONER: MR. RUPAK KUMAR, ADV. FOR THE STATE: MR. KRISHNA CHANDRA JHA, AC TO SC-4 ----------- 02. 03.01.2011 Petitioner has prayed for issuing a direction to Respondents to pay his salary minus subsistence allowance for the period 10.06.2006 to 03.12.2006 and also one increment that fell due in December, 2006. Petitioner was placed under suspension vide Order, contained in Memo No. 596, dated 07.06.2006 in contemplation of a Departmental Proceeding. The Departmental Proceeding continued, but during continuation of the Departmental Proceeding, suspension of petitioner was revoked, vide Order, dated 04.12.2006. Regarding payment of salary for suspension period, in the notification itself, it was mentioned that it will be decided on conclusion of the Departmental Proceeding. The Departmental Proceeding initiated against the petitioner, remained unconcluded and in the meantime he superannuated on 31st of July, 2007. Subsequent to the 2 superannuation of the petitioner, vide notification dated 30.04.2008, the unconcluded Departmental Proceeding was converted under Rule 43 (B) of the Bihar Pension Rules. This was challenged by the petitioner by filing C.W.J.C. No. 8631 of 2009. This Writ Application was disposed of, giving liberty to the petitioner that in case the enquiry is not concluded within the time specified in the Order, he can again approach this Court. Another Writ Application was filed by the petitioner vide C.W.J.C. No. 2762 of 2010 for quashing the resolution, dated 15.09.2006 and the notification, dated 30.04.2008 and vide Order, dated 26.08.2010, entire Departmental Proceeding against the petitioner as well as Memo of Charge, framed against him, were quashed. Counsel for the petitioner submits that in view of the Order, passed in the C.W.J.C. No. 2762 of 2010, now there is nothing against the petitioner, on the basis of which his salary for the suspension period be withheld. While revoking his suspension, in the Order, dated 04.12.2006, it was mentioned that the salary matter for the period of suspension shall be considered on conclusion of Departmental Proceeding. Since Departmental Proceeding remained 3 unconcluded, no final order was passed in the Departmental Proceeding and vide Order in C.W.J.C. No. 2762 of 2010, entire Departmental Proceeding as well as charge, framed against the petitioner, has been quashed. In the facts and circumstances, he is entitled for his salary for the period of suspension, minus subsistence allowance, paid to him. During the period of suspension only, one increment became due to the petitioner, which has also remained unpaid, though petitioner is entitled for that. This application is being disposed of, directing the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna to decide this matter. The petitioner is also directed to file his representation. In case of filing such representation by the petitioner, the Respondent No. 1 will dispose of the representation, filed by the petitioner, preferably within four weeks of its filing. The representation of the petitioner will be disposed of in the light of the Orders, passed in C.W.J.C. No. 2762 of 2010, wherein it is indicated that entire Departmental Proceeding, including charges, framed against the petitioner, were quashed. The petitioner will be paid all his monetary 4 dues within four weeks from the disposal of the representation filed by the petitioner. SKM (Mridula Mishra, J.)