IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5727 of 2011 Ram Kishore Ram S/O Gulab Chand Ram R/o jagdeo Nagar Anaith, Ara, Distt- Bhojpur presently posted at Assistant Jailor, Central Jail Bhagalpur-----------------------------------Petitioner Versus 1. The State Of Bihar through Secretary Home (Prison) Depett. Old Secretariat, Bihar ,Patna 2. The Inspector General, Home (Prison) Depett. Old Secretariat, Bihar, Patna 3. The District Magistrate, Saharsa 4. The Jail Superintendent, Central Jail, Bhagalpur 5. The Jail Superintendent District Jail, Saharsa----Respondents ----------- 2 27.7.2011 Heard learned counsel for the parties. There is a pointed submission made by learned Senior Counsel representing the petitioner on the kind of punishment which has been imposed upon the petitioner in terms of annexure-1. With regard to withholding of increment he does not challenge or assail the same but with regard to imposition of punishment of withholding of salary for the period of suspension. He states that this kind of punishment has been imposed on the petitioner without giving him opportunity or following the procedure laid down in Rule 97 of the Bihar Service Code. There is nothing to indicate from the order that this part of punishment of withholding salary has been imposed after giving opportunity to the petitioner. On this issue there are several decisions of this Court while interpreting Rule 97 of the Bihar Service Code. In view of above this aspect of the punishment is required to be quashed. The matter is remanded back to the disciplinary authority to take an appropriate decision, if they so like, after following the law on the issue. This writ application is disposed of with the above direction. RPS ( Ajay Kumar Tripathi, J.)