Patna High Court CWJC No.9457 of 2011 (2) dt.29-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9457 of 2011 ====================================================== Motilal Ram, S/O Balchandra Ram, R/O Village- Cirauta, P.S.- Baniapur, Distt.- Saran. .... .... Petitioner. Versus 1. The State of Bihar. 2. The Divisional Commissioner, Bhagalpur Division, Distt.- Bhagalpur. 3. The District Magistrate, Bhgalpur, Distt- Bhagalpur. 4. Deputy Collector Land Reforms, Bhagalpur Sadar, Distt.- Bhagalpur. .... .... Respondents ====================================================== 2 29-08-2011 Annexure-4 is the order of so-called punishment by which one increment without cumulative effect came to be passed on 03.07.2008 against the petitioner, who happens to be Panchayat Secretary-cum–Janshevak, Gram Panchayat, Kherahiya, Sultanganj Block in the District of Bhagalpur. Submission of the counsel for the petitioner is that he was not given a copy of inquiry report and second show-cause. Since the order of punishment is minor in nature there is no requirement of such kind as such, under the Bihar State Government (C.C.A) 2005, Rules even otherwise this punishment has lost its meaning in the meanwhile. One thing however which requires consideration is that the petitioner has not been given salary for the period he was under suspension. Since there is no order to indicate that he will not be entitled for payment of salary as a measure of punishment for the period of suspension, the respondents have to pay him his salary. Patna High Court CWJC No.9457 of 2011 (2) dt.29-08-2011 The period of suspension is said to be from 03.01.2007 to 24.07.2007. The writ application is disposed of with a direction upon the District Magistrate, Bhagalpur, that he must pass an order directing the concerned authority to pay salary to the petitioner for the period of suspension in the above stated back ground, noted by the Court in the earlier part of the order. The District Magistrate, Bhagalpur will do the needful within a period of three months from the date of production of a copy of this order. Writ application stand disposed of with the above direction. Bhardwaj/- (Ajay Kumar Tripathi, J)