IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2254 of 2010 1. VIJAY KUMAR MISHRA S/O LATE BRAJ NANDAN MISHRA R/O KAKO, P.O & P.S- KAKO DISTT- JEHANABAD, AT PRESENT POSTED AS PHARMASIST REFERAL HOSPITAL, EKANGAR SARAI, P.S- EKANGAR SARAI, DISTT- NALANDA Versus 1. THE STATE OF BIHAR 2. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, null NALANDA, AT AND P.S BIHAR SHARIF, DISTT- NALANDA 3. THE MEDICAL OFFICER-IN-CHARGE, REFERAL HOSPITAL, RAJGIR, P.S RAJGIR DISTT- NALANDA 4. THE MEDICAL OFFICER-IN-CHARGE, PRIMARY HEALTH CENTRE, EKANGAR SARAI, P.S EKANGARSARAI, DISTT- NALANDA ----------- 2 06/12/2010 Petitioner was put under suspension which ultimately culminated into imposition of minor punishment of withholding of one increment without cumulative effect. Due to the above action taken against petitioner, his salary was withheld which led to filing of the present writ application. As per assertion made in the writ application, salary of the petitioner has not been paid from 23.8.2009 as well as for the period of suspension from 2.11.2007 to 22.08.2009 Stand of the State in the counter affidavit is that thereafter things have been sorted out and current salary - 2 - has been paid to the petitioner. There is no clear stand on payment of salary for other period including the period of suspension. Since there is no order of punishment of withholding of salary for the period of suspension passed against petitioner and punishment order is withholding of one increment, then the petitioner is entitled to salary for the period he was put under suspension or period thereafter for which salary has not been paid. This writ application is disposed of with a direction upon the Civil Surgeon-cum-Chief Medical Officer, Nalanda that he shall ensure that steps are taken for payment of salary of the petitioner for the period as indicated above preferably within a period of three months from the date of communication or production of a copy of this order. AMIN/ (Ajay Kumar Tripathi, J.)