IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1225 of 2010 Indradeo Pandit, Son of Shree Baunu Pandit, Junior Engineer at present posted in the office of the Engineer-in-Chief-Cum- Additional Commissioner – Cum - Special Secretary, Road Construction Department, Bihar, Patna……………………………………..…………………Petitioner Versus 1. The State Of Bihar through its Engineer-in- Chief-Cum-Additional Commissioner-Cum-Special Secretary, Road Construction Department, Government of Bihar, Patna 2. The Engineer – in – Chief – Cum - Additional Commissioner-Cum-Special Secretary, Road Construction Department, Government of Bihar, Patna 3. The Engineer - in – Chief – Cum - Additional Commissioner-Cum-Special Secretary, Rural Engineering Department, Government of Bihar, Patna. 4. The Deputy Secretary, Road Construction Department, Government of Bihar, Patna. 5. The Executive Engineer-Cum-Enquiry Officer, Road Construction Department, Government of Bihar, Patna. 6. The Executive Engineer, Rural Engineering Department, Madhubani Division, District Madhubani. 7. The District Magistrate, Madhubani…........................Respondents ----------- 3 14.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. In this writ application, petitioner has challenged the order of punishment, as contained in Annexure-1, by which he has been reverted to the lowest point of pay-scale of the post of Junior Engineer and it has been ordered 2 that full salary drawn by him during his suspension period from 5.10.2004 to 12.03.2008 shall be recovered from his salary in 25 equal instalments and he shall be entitled to only subsistence allowance for the said period. After hearing the arguments from both sides, this Court finds that there are some factual aspect of the matter which requires verification before coming to a conclusion that the order of punishment of petitioner was based on facts or not or whether punishment order was based on non est grounds. Learned Additional Advocate General No.5 fairly submits that under Rule 24 of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005, there is already a provision for a departmental appeal. He submits that for thorough enquiry in respect of the facts, petitioner may be advised to file an appeal under the said Rules, at which stage it will be more convenient for the parties to come to a conclusion with regard to disputed facts for passing an 3 order for initiation of proceedings against the petitioner for his punishment. In view of fair stand of the learned Additional Advocate General no.5, learned counsel for the petitioner submits that petitioner is ready to prefer an appeal before the competent appellate authority against the said order of punishment which may be directed to be considered on merits. But he submits that during the pendency of the appeal, at least order of recovery from his salary of alleged excess amount paid to him may be stayed. In the circumstances, considering the submissions of learned counsel for the parties, the writ application is disposed of with liberty to the petitioner to prefer an appeal under Rule 24 of the Rules before the competent authority, if not already preferred, within four weeks from today. If such an appeal is filed or is already pending, the appellate authority is directed to consider the same on merits complying 4 with the Principles of Natural Justice and dispose of the same preferably within a period of two months from the date of receipt/production of a copy of this order. Equity demands that that part of the impugned order by which excess amount paid to the petitioner towards his salary during suspension period has been directed to be recovered in 25 equal instalments from his salary should be stayed. The same is stayed accordingly. As a consequence, petitioner shall be entitled for payment of his regular salary at the lowest point of pay-scale on the post of Junior Engineer till appeal is finally decided. Arrears with regard to salary in this respect should also be paid to the petitioner before disposal of the appeal. BT (J. N. Singh, J.)