IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.663 of 2008 Suryadeo Sharma S/o Late Ram Lochan Thakur resident of village Dhorhan P.S.- Rampur Chouran, District- Arwal ……….. Appellant/Petitioner Versus 01. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna 02. Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 03. Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 04. Financial Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna ……………… Respondents/ Respondents For the Appellant:- Mr. Ashok Kumar, Advocate For the Respondents:- Mr. Vinay Kirti Singh, Advocate 04. 25.07.2011 The present L.P.A. is filed against the direction issued by the learned Single Judge to pay the salary for the period under suspension to the appellant and also for making such payment after conducting an enquiry with regard to the allegation against the appellant to pay the penal rent for the occupation of the Quarter No. H/18 HUDCO since 8.11.1987 without any allotment which was the subject matter of the notice vide office Order No. 5368 dated 19.10.1990. Learned counsel appearing for the appellant has disputed that his client ever occupied such quarter at any point of time and still his client is under suspension. However the learned Single Judge has directed for payment of salary after verification of the matter. 2 But in view of the disputed question of facts whether the appellant has been allotted the Quarter, as stated Supra for his personal occupation, we deem it proper to refer the matter back to the Bihar Electricity Board to conduct an enquiry with regard to allotment of the Quarter to the appellant for his residential purpose. If, it is ultimately found in the enquiry that the Quarter has been allotted to him, penal rent should be levied after issuing a notice to the appellant for such quantification. But however, we make it clear that if, ultimately the Board feels that the appellant is liable for such penal rent, the same should be adjusted from arrears of the salary after deducting the amount which has already been adjusted. The entire exercise must be completed within a period of three months from the date of receipt/production of a copy of the order. With the above modification in the order of the learned Single Judge the L.P.A. stands disposed off. P.K. (T.Meena Kumari, J.) (Ahsanuddin Amanullah, J.)