IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7423 of 2010 Amerika Devi Versus The State Of Bihar & Ors ---------------------------------- 3 26.09.2011 Heard learned counsel for the petitioner and the State. The petitioner stated to be the wife of the deceased employee seeking full salary for the period of suspension. It is not in controversy that departmental proceedings never came to be initiated. In pursuance of a criminal prosecution the deceased was placed under suspension which was not revoked till his superannuation. In so far as the period of custody is concerned, this court finds no merit in the claim for full salary. The deceased was entitled to his subsistence allowance only for the period of custody. The period after his release from custody till superannuation without any departmental proceeding having been initiated is held to entitle him for full salary which is directed to be paid to the petitioner after deducting the subsisting allowance paid within a maximum period of four months from the date of receipt/production of this order before the respondent concerned. In so far as the claim for grant of A.C.P. is concerned, the petitioner may represent for the same which is required to be considered in accordance with law and disposed of within the same period by a reasoned and speaking order. The application stands disposed. M.Rahman (Navin Sinha, J) 2