IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12260 of 2006 DR.RAM BILASH SINGH Versus V.C.,T.M.UNIVERSITY,BHAGALPUR& ----------- 3. 28.08.2008 Heard learned counsel for the petitioner and the University. The petitioner was placed under suspension by order dated 7.7.2004 on charges of alleged gross financial and administrative irregularities and dereliction of duties on basis of a report on enquiry conducted against him. No departmental proceedings came to be conducted against the petitioner. To the contrary a fresh three men committee was constituted by the University which exonerated the petitioner from the charges against him. In consequence the order of suspension has been revoked on 10.1.2005 but with riders that the decision with regard to the treatment of the period of suspension and grant of post retiral benefits will be taken on the final disposal and outcome of the court cases and F.I.R. instituted against him. No counter affidavit has been filed on behalf of the Respondent-University, despite the fact that the writ petition has been filed after serving copies thereof on the University on 10.10.2006 and grant of opportunity for filing counter affidavit on 28.5.2007. In absence of a departmental proceeding and finding of guilt, the suspension stands revoked unconditionally. It is further endorsed by the report of the three men committee. All these are not in dispute by the Respondent-University. Nothing further remains to be decided with regard to the period of suspension. The petitioner is - 2 - clearly entitled to his salary for the period of suspension which has to be treated as spent on duty. After his retirement the post retiral benefits are the only source of his survival. It is his right. He can be deprived of the same only in accordance with law and not in the manner sought to be done. The impugned order dated 10.1.2005 in so far as it defers any decision in regard to the period of suspension and grant of post retiral benefits is set aside. Let the consequential benefits for the period of suspension and post retiral benefits be made available to the petitioner within a period of two months from the date of receipt and/or production of a copy of this order. The writ application stands allowed. AKS/ (Navin Sinha, J.)