IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15446 of 2005 AJAY KUMAR MADHUKAR S/O JAYDEV PRASAD R/O MOHALLA-SASTRI NAGAR PS-BETWAN BAZAR,DISTT- MUNGER---------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECY. COMMISSIONER, FINANCE DEPARTMENT (COMMERCIAL TAXES) BIHAR, PATNA 3. THE UNDER SECY. FINANCE (COMMERCIAL DEPTT), BIHAR, PATNA 4. THE JOINT COMMISSIONER(ADMINISTRATION) COMMERCIAL TAX, TIRHUT DIVISION, MUZAFFARPUR 5. THE DEPUTY COMMISSIONER COMMERICAL TAX BIHAR, PATNA 6. THE ASSTT. COMMISSIONER, COMMERCIAL TAX, MUNGER CICLE, MUNGER. 7. THE ASSTT. COMMISSIONER, BAGAHA CIRCLE, BAGAHA ------- ----------------------------RESPONDENTS. ----------- 2 20.9.2010 Heard learned counsel for the parties. Three punishments were imposed upon the petitioner after holding the departmental enquiry. The punishment order is contained in annexure-9 and is dated 22.4.2004. The appeal filed against the order of punishments was also rejected which affirmed the imposition of punishments on the petitioner. Petitioner has decided to challenge the order of punishments contained in annexure-9 as well as the order passed in appeal which is annexure-11 brought by way of I.A. No. 8000 of 2010. Prima facie two of the punishments have lost their meaning now. So far as the first punishment of petitioner not being entitled to payment of salary or other allowances for the period of suspension is concerned, the Court taking view of the fact that such a punishment cannot be passed without taking recourse to Rule 97(3) of the Bihar Service Code. This order will be required to be interfered with. There is nothing to indicate in the counter affidavit - 2 - that requirement of the rule which has been held to be mandatory by this Court not only by learned Single Judge but even by the Division Bench has been followed in this regard. In view of the same the impugned order contained in annexure-9 in relation to first punishment stands quashed. The order passed in appeal affirming the punishment therefore also stands interfered to that extent. This writ application is allowed to the extent that first punishment will not come in the way of the petitioner in view of non-compliance of the procedure laid down under rule 97(3) of the Bihar Service Code. RPS (Ajay Kumar Tripathi, J.)