IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1755 of 2010 GHOGHAN MANDAL S/O LATE BASANT MANDAL R/O VILL HASANPUR, P.S.LAKHISARAI, DISTT-LAKHISARAI Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER MUNGER DIVISION ,MUNGER 3. THE COLLECTOR LAKHISARAI, DISTT-LAKHISARAI 4. THE DISTRICT NAZARAT OFFICER LAKHISARAI 5. THE DISTRICT SUPPLY OFFICER CUM-CONDUCTING OFFICER LAKHISARAI 6. THE NAZARAT DEPUTY COLLECTOR LAKHISARAI, DISTT- LAKHISARAI 7. THE DEPUTY COLLECTOR ESTABLISHMENT LAKHISARAI, DISTT-LAKHISARAI 8. THE DEPUTY COLLECTOR LAND REFORMS DISTT-LAKHISARAI ----------- 2. 3.8.2010 Heard learned counsel for the petitioner and the State. The petitioner was proceeded with departmentally for unauthorized absence. Punishment for stoppage of increments was imposed, questioned in appeal. The appellate authority on 4.3.2009 held the punishment was excessive. That part of punishment was set aside, leaving the punishment that for the period of suspension nothing beyond substance allowance was payable. Learned counsel for the petitioner submits that the second punishment under Rule 97(2) of the Bihar Service Code, required show cause notice to be given to the petitioner. He relies upon a 2 Division Bench decision reported in 2006(4) PLJR 514 (Dinesh Prasad Vs. State of Bihar & Ors.) at Paragraph 9 which reads as follows:- “9. Apart from these question, so far the main question for which this matter has been referred, is concerned, it appears that for imposing the punishment no. (iii) that the petitioner shall not get anything for the period of suspension save and except the subsistence allowance, the disciplinary authority was required to give separate show cause notice to the delinquent in terms of Rule 97(3) of the Code. This part of the order, therefore, is not permissible in absence of any such notice to the delinquent employee. The punishment withholding the subsistence allowance for the period of suspension without a show cause notice is set aside but without prejudice to the rights of the respondents to proceed afresh in accordance with law. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)