IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11658 of 2007 SHANKAR KUMAR BALMIKI, S/O- LATE KESHO RESIDENT OF MOHALLA- SANDALPUR, P.S.- SULTANGANJ, DISTRICT- PATNA:--PETITIONER . Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, URBAN DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2. THE COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, BUDHA MARG, PATNA. 3. THE CHIEF ACCOUNT OFFICER, PATNA MUNICIPAL CORPORATION, BUDHA MARG, PATNA. 4. THE PATNA MUNICIPAL CORPORATION, PATNA THROUGH COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, BUDHA MARG, PATNA :---- RESPONDENTS. ----------- For the petitioner : Mr. Bindeshwari Prasad Yadav, Advocate. For the Corporation : Mr. Chandrashekhar, Senior Advocate. & Dr. Poonam Kumari Singh, Advocate. For the State : Mr. Sanjay Kumar Pandey, A.C. to G.P.-15. ====== 3. 27.09.2010. Heard learned counsel for the petitioner, State and the counsel for the Patna Municipal Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner is aggrieved by the order dated 09.08.2005, Annexure-1, whereunder he has been punished with severe warning and his salary for the suspension period beyond the subsistence allowance has been withheld. It is submitted on behalf of the petitioner that the impugned order was passed by the Chief Executive Officer of the Corporation without initiating any departmental proceeding against him. 3. From perusal of the impugned order itself, it appears that petitioner was found absent from the - 2 - Pump House and was placed under suspension. In the light of the representation made by him his suspension was vacated punishing him with severe warning withholding his pay for the suspension period beyond the suspension allowance. Punishment of severe warning, withholding of salary beyond subsistence allowance is minor punishment and can be inflicted without initiating any full dress enquiry proceeding by giving opportunity of being heard. I do not see any illegality in the impugned order. The writ petition is, accordingly, dismissed. P.K.P. (V.N.Sinha,J.)