IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4266 of 2010 1. ABHAY KUMAR 'ANAL' S/O LATE DWARIKA PODDAR R/O VILL.- DINA- CHAKLA, P.S. PASRAHA, DISTT.- KHAGARIA, PRESENTLY WORKING AS PANCHAYAT SECRETARY, BLOCK- BELDAUR, DISTT.- KHAGARIA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIVISIONAL COMMISSIONER MONGHYR DIVISION, MONGHYR 3. THE DISTRICT MAGISTRATE KHAGARIA 4. THE DISTRICT PANCHAYAT RAJ OFFICER KHAGARIA 5. THE SUB-DIVISIONAL OFFICER GOGARI, DISTT.- KHAGARIA 6. THE BLOCK DEVELOPMENT OFFICER BELDAUR, DISTT.- KHAGARIA ----------- 2/ 01/10/2010 Heard learned counsel for the petitioner and learned counsel for the State. Insofar as the order of punishment dated 21.11.2009, explained by the appellate authority in order dated 13.1.2010 is concerned, this Court finds no reason to interfere with the finding of the appellate authority that the nature of the punishment imposed upon the petitioner was stoppage of one increment with non- cumulative effect. Insofar as the challenge to denial of salary for the period of suspension without notification under Section-97(3) of the Bihar Service Code is concerned, stands answered by the Division Bench of this Court in 2006(4) P.L.J.R. (Dinesh Prasad vs. State of Bihar & Ors.) in paragraph-8 and 9 which reads as follows: “9. Apart from these questions, so far the main question for which this matter has been inferred, is concerned, it appears that for imposing the punishment no.(iii) that the petitioner shall not get anything for the period - 2 - 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.” That part of the punishment is therefore held to be not sustainable. Let this part of the order be complied with within a maximum period of three months from the date of receipt/presentation of a copy of this order. The writ application stands allowed to that extent. KC ( Navin Sinha, J.)