IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.7298 of 2009 Suresh Tiwary Versus The State Of Bihar & Ors 2/ 02/08/2011 A counter affidavit is stated to have been filed on behalf of the State copy whereof is stated to have been served on the counsel for the petitioner on 16.3.2010. The office may endeavour to trace out the counter affidavit and place it on record as the learned counsel for the State is unable to inform the date of filing. Heard learned counsel for the petitioner and learned counsel for the State. The relief sought is for quashing of the order of punishment withholding two annual increments as also for payment of salary from 1st of June, 2007 to 25.10.2007. It is submitted from the order of the Chief Engineer dated 1.2.2008 that there were six charges against the petitioner. Five of them were not found proved and only one charge was established. He was visited with a punishment of warning not to repeat such conduct in future and simultaneously stoppage of two increments. Learned counsel for the petitioner submits that under Rule-14 of the Bihar C.C.A. Rules, 2005. 2 The punishments contemplated do not list a ‘warning’ as one of them. There could not have been any directions for stoppage of increments which is otherwise a punishment. Learned counsel for the State finds it difficult to persuade the Court from Rule-14 that warning was a punishment. He, however, submits that the claim for salary may be directed to be considered by the controlling authority in accordance with the findings in the final order after considering the enquiry report dated 1.2.2008 as the right to salary was a statutory right dependent upon the discharge of duties. But, it has also to be kept in mind that salary cannot be withheld without legal justification for the period in question from 1.6.2007 to 25.10.2007 except in accordance with law. Let the claim of the petitioner for salary as also return of the increments deducted be complied with within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)