IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4239 of 2006 UPENDRA YADAV Versus THE COMMISSIONER CUM-C.E.O.,P.M.C. ----------- 3 06.08.2008 Based on the order dated 28.6.2007 and the Inquiry Report dated 11.6.2007, an order of punishment dated 23.11.2007 was passed against the petitioner. The order of punishment was withholding of five increments with cumulative effect and also a warning. Petitioner submits that this order of punishment in no way comes in the way of the salary of the petitioner for the period he was under suspension which is 4.7.2002 to 23.12.2002. Petitioner’s submission is that since there is no order of punishment withholding his pay for the period of suspension except subsistence allowance is entitled for full wages. The court has perused the punishment order which has been brought on record as Annexure – B along with counter affidavit. The respondents have not said anything with regard to the salary part. The punishment order also does not indicate that there is any decision to withhold payment of salary for the period of suspension and if that is so the petitioner is entitled to his salary even for the period he was under suspension. The writ application is allowed. The respondents are - 2 - directed to take steps for payment of salary of the petitioner for the period he was under suspension minus subsistence allowance which may have been paid to him. The writ application is disposed of. Rajeev/- (Ajay Kumar Tripathi, J.)