THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5850 of 2007 BINDESHWARI KUMAR CHOUDHARY, SON OF LATE RAM DAS CHAUDHARY, RESIDENT OF MOHALLA MEKHLOTGANJ, P.S. KOTWALI, DISTRICT GAYA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPT. OF LAW BIHAR, PATNA AT SECRETARIAT, PATNA. 2. THE DISTRICT AND SESSIONS JUDGE, GAYA, DISTRICT GAYA. 3. THE ENQUIRY OFFICER CUM SUB –JUDGE-IV, GAYA. ---------------------------------- 02. 18.11.2011 Under the impugned order no.46/06 bearing Memo No.4657-58 dated 25th November, 2006, Annexure-3 petitioner has been reinstated in service revoking his suspension but withholding his one increment with observation that period of suspension shall not be treated as period spent on duty. I do not see any illegality in the said order. The writ petition is dismissed, however, with observation that the aforesaid period of suspension shall not be treated as break in service and petitioner shall be entitled to count the aforesaid period for calculating his pensionary benefits. Rajesh/ ( V. N. Sinha, J.)