IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.245 of 2009 RAM PRAVESH TRIVEDI son of Late Raghunath Trivedi resident of village Bishunpur, P.S. Barhara, Distt. Bhojpur. Versus 1. The State of Bihar through the Commissioner-cum- Secretary, Water Resources Department, Govt. of Bihar, Patna. 2. The Commissioner-cum-Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. The Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Patna. 4. The Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna. 5. The Secretary, Urban Development Department, New Secretariat, Patna. 6. The Managing Director, Bihar Rajya Jal Parishad, west Boring Canal Road, Patna. --------- For the Appellant : M/S. Awadhesh Kumar Mishra, Vijay Kumar & B. S. Mishra. 2 23/03/2009 This appeal has been filed against the order of the learned Single Judge dated 15.1.2009 passed in C.W. J.C. No. 7202 of 2007 whereby the Court has refused to interfere with the order of punishment of censure. The petitioner was proceeded against departmentally. The order of punishment was passed imposing censure against the petitioner. For the period of suspension, nothing was ordered to be paid except the subsistence allowance. He was also not given the benefit of A.C.P. during the period. The petitioner approached this Court for setting aside the order of censure and also for the wages for the period during which he was put under suspension as well as grant of A.C.P. It is also submitted that the petitioner was not paid the - 2 - arrear of salary for the period he was waiting for his posting from 21.06.2006 to 2.12.2006 and further from 23.12.2006 to 9.3.2007. The learned Single Judge held the petitioner entitled to his full wages for the period of suspension and directed that such payment be made within a period of eight weeks from that date but did not consider any other aspect prayed for. It is the case of the petitioner that he was not allowed to work even though he was released from suspension. No order for his posting was passed and he remained waiting for posting from 21.6.2006 to 22.12.2006 and from 23.12.2006 to 9.3.2007 and ultimately he was posted by order dated 1.3.2007. It is submitted that this period should also be counted for A.C.P. purposes. In the circumstances, if the petitioner files a detailed representation before respondent no. 2, the Commissioner-cum- Secretary, Water Resource Department, Government of Bihar, Patna making all the grievances, the respondent no. 2 shall consider the same as early as possible. Since the petitioner has retired from service on 30.11.2008, if a representation is filed by the petitioner within one month from today, it will be considered and disposed of within three months from the date of filing of the representation with notice to the petitioner. It is submitted by the petitioner that he is not even being paid his pension. If the petitioner is not being paid his pension, he must atleast be paid provisional pension and other retiral benefits as may be applicable to him within one month from the date of - 3 - receipt/production of a copy of this order. With the above direction, this appeal stands disposed of. (J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AMIN