IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8311 of 2005 DOMAN CHOUDHARY Versus THE MAGADH GRAMIN BANK & ORS ----------- 5. 17.7.2008. Heard learned counsel for the petitioner and the counsel for the Magadh Gramin Bank. 2. In compliance of the orders of this Court dated 19.10.2004 passed in C.W.J.C. No. 12888 of 2003, the disciplinary authority has again passed the order dated 21.5.2004, Annexure-2 directing that petitioner shall not be allowed any salary for the suspension period beyond the subsistence allowance already paid to him. Against the said order dated 21.5.2004 appeal is maintainable, as such, this writ application is permitted to be withdrawn with liberty to assail the order dated 21.5.2004 before the appellate authority, who should consider that while refusing to pay the arrears of salary for the suspension period, the disciplinary authority has not chosen to take into account the submissions made by the petitioner in his reply submitted pursuant to the show cause notice issued by the disciplinary authority. 3. The appeal preferred against the order dated 21.5.2004, Annexure-2 should be considered and disposed of as early as possible, in any case within a period of three months from the date of receipt of the memo of appeal along with a certified copy of this order and if there is any limitation in maintaining the appeal, then the authorities will be well advised to condone the delay in filing the same. Rajesh/ (V.N.Sinha,J.) - 2 -