IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.943 of 2009 Jai Narayan Tapaswi . Versus The State Of Bihar & Ors . ----------- 3/ 28/06/2011 Heard learned counsel for the petitioner. No one appears on behalf of the State. No counter affidavit has been filed despite the fact that the writ petition was filed as far back as 19.1.2009. Considering that the petitioner is a retired person, in the evening of his life, the Court is not persuaded to keep the writ petition pending any further as that tantamounts to denial for access to justice. The two reliefs sought are to be considered for grant of second time bound promotion for which he has represented and full salary for the period of suspension culminating in a departmental proceeding and a final order of punishment withholding two increments with non-cumulative effect. Learned counsel for the petitioner fairly submits that only if the order of punishment does not affect the claim for time bound promotion the latter may be directed to be considered on its own merits for which the petitioner has represented also. Insofar as the claim for salary for the period of suspension less the subsistence allowance paid is 2 concerned, it is contended that the final order dated 16.9.2003 itself notices that the petitioner has superannuated on 31.12.2001, but does not give any directions that nothing was payable for the period of suspension except subsistence allowance which was otherwise to count for the purpose of service. He additionally relies on certain orders of this Court that a supplementary show cause notice was required to be given to him before withholding full salary under Rule- 97 of the Bihar Service Code. Let the respondents consider the claim of the petitioner for grant of second time bound promotion in accordance with law preferably within a maximum period of six months from the date of receipt/production of a copy of this order. Insofar as the salary for the period of suspension is concerned, in view of the judgments of this Court, the impugned order is held bad in absence of any fresh show cause notice given under Rule-97 of the Bihar Service Code. Let the arrears thereunder be paid within the same period as aforesaid. The application stands allowed. KC ( Navin Sinha, J.)