IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3851 of 2010 1. MOSTT.BHIKHAI RAM W/O LATE MAHENDRA RAM R/O VILL PIRHWA,P.O.JAMUNIA,P.S.JHAROKHAR(GORASAHAN),DISTT-EAST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE SECRETARY TO THE COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 3. THE DISTRICT OFFICER, MOTIHARI, EAST CHAMPARAN 4. THE ADDITIONAL COLLECTOR MOTIHARI, EAST CHAMPARAN 5. THE DEPUTY COLLECTOR, DISTRICT ESTABLISHMENT DEPARTMENT EAST CHAMPARAN 6. THE CIRCLE OFFICER HARSIDHI, EAST CHAMPARAN ----------- 02. 20.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The submission on behalf of the petitioner, widow of the deceased employee is that her husband who placed under suspension and departmental proceedings were initiated, he was ultimately given a warning only which is not a punishment. Her husband is stated to have been deceased on 28.11.2006. She is therefore entitled to his salary from the date of his suspension till the date of his death in service. Rule 97 (2) of the Bihar Service Code provides that it is the duty of the authority to decide in what manner the period of suspension is to be treated. If the duty is of the authority, there is no for the Court to usurp the powers of the authority. This Court would have expected the respondents to discharge their statutory duties on the 2 relevant date itself. But the petitioner appears to have rushed to this court without representing before the authorities. Let respondent no.2 pass appropriate orders under Rule 97 (2) of the Bihar Service Code within a maximum period of two months from the date of receipt/production of a copy of this order. The consequential monetary benefits, if any, are required to be made available to the petitioner within the same period. The order of the Commissioner dated 24.9.2008 is accordingly not sustainable and it is set aside. The application stands allowed. P.K. ( Navin Sinha, J.)