IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4853 of 2009 Kailash Singh Versus The State Of Bihar & Ors ----------- 2/ 22/07/2011 Heard learned counsel for the petitioner and the State. Despite two years and three months having passed since filing of the writ application, no counter affidavit has been filed. The contention of the petitioner is that he was placed under suspension on 5.4.2006 in contemplation of a departmental proceeding which never took place. The petitioner has superannuated on 30.6.2008. If departmental proceeding never came to be held, as alleged, obviously the suspension turned out to be unjustified. Let the respondents consider the claim for salary in that background and pay the legitimate dues of the petitioner less the subsistence allowance paid within a maximum period of eight weeks from the date of receipt/production of a copy of this order before the concerned respondent. The writ application is disposed. KC ( Navin Sinha, J.)