IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17396 of 2009 1. SRI M. A. SIDDIQUI S/O DR. ABDUL KASI R/O HAQUE ENCLAVE SAMANPURA, P.S.- SHASHTRI NAGAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE HOME COMMISSIONER - CUM - PRINCIPAL SECRETARY DEPTT. OF HOME (POLICE), GOVT. OF BIHAR, PATNA 3. THE DIRECTOR GENERAL OF POLICE GOVT. OF BIHAR, PATNA 4. INSPECTOR GENERAL OF POLICE BIHAR, PATNA 5. THE DEPUTY SECRETARY HOME (POLICE) DEPTT., GOVT. OF BIHAR, PATNA ----------- 4/ 08/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. A counter affidavit has been filed on behalf of the respondents. The petitioner was placed under suspension by an order dated 17.8.2002 in contemplation of departmental proceedings. Subsequently, the decision to initiate departmental proceedings against him was dropped and the disciplinary authority only expressed displeasure and directed him to be more careful in future. The order of suspension was revoked on 16.7.2004. Learned counsel for the petitioner submits that the impugned order dated 26.8.2004 withholding his salary for the period of suspension is wholly unsustainable in law when there is no finding of any 2 guilt against him much less even a departmental proceeding or a minor punishment. He submits that even under the Bihar Police Manual, mere displeasure or direction to be careful in future does not amount to a minor punishment. In the absence of any order of punishment, much less a departmental proceeding, the order of punishment itself becomes wholly unsustainable in law. If the order of suspension is unsustainable, the petitioner having been suspended for no fault of his, is entitled to full salary. The counter affidavit does not even suggest that any punishment, much less minor was imposed upon the petitioner and does not deny that no departmental proceedings were initiated against him, much less any order of punishment. The order dated 26.8.2004, insofar as it denies him salary for the period of suspension becomes unsustainable. It is accordingly set aside. The petitioner is held entitled to his salary for the period of suspension. The writ application stands allowed. KC/ ( Navin Sinha, J.)