IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13261 of 2005 SHILA NATH SINHA, son of late Raghunandan Prasad, resident of village – Jaiprakashpur, P.O. and P.S. Noorsarai, District – Nalanda, at present posted as Block Welfare Officer, Mahesi Block, District – Saharsa. Versus 1. THE STATE OF BIHAR through the Commissioner-cum-Secretary, Department of Welfare, Govt. of Bihar, Old Secretariat, Patna. 2. The Commissioner-cum-Secretary, Department of Welfare, Govt. of Bihar, Old Secretariat, Patna. 3. Director, Department of Welfare, Govt. of Bihar, Old Secretariat, Patna. 4. The District Welfare Officer, Bhojpur at Ara. ----------- 03. 9.9.2010 Irrespective of the merit of the matter and the submissions made at the bar, one aspect which emerges from the order of punishment, contained in Annexure-11, is that the respondents revoked the order of suspension passed against the petitioner with direction that he shall not be allowed payment of salary for the period of suspension except the subsistence allowance. Even warning was to be recorded in his service book. Law being settled on the issue that before imposition of punishment of the kind of withholding salary for the period of suspension, authorities have to resort to Rule 97(3) of the Bihar Service Code, which has not been done. This order to that extent is quashed. Respondents, if so like, may take further action after following the procedure laid down under the said rule of the Service Code. The writ application stands allowed to the extent indicated above. rkp ( Ajay Kumar Tripathi, J.)