IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13401 of 2009 NARESH PRASAD SINGH Versus THE STATE OF BIHAR & ORS For the Petitioner : M/S Sudhir Singh Rabindra Kumar Tiwary For the State : Mr. Arun Kumar pandey,AC to GPXI ----------- 2. 15.10.2009 Heard learned counsel for the petitioner and the State. The petitioner was dismissed after departmental proceedings by an order dated 28.12.2005. He preferred an appeal against the same. The appellate authority by an order dated 14.5.2007/25.5.2007 set aside the order of dismissal and substituted the punishment with that of stoppage of two increments with non-cumulative effect. The allegations related to not being cautious enough in discharge of official duties. Considering the nature of the allegations and the nature of the punishment imposed by the appellate authority, this Court is satisfied that the interest of justice requires that once the order of dismissal has been set aside, the petitioner can easily be held to have been prevented from working under an order which was ultimately held unsustainable in law and, therefore, this Court holds that he is entitled to his salary for the period from 24.12.2005 to 6.6.2007 when he came to be reinstated in pursuance of appellate order. Let this order be complied with within a maximum period of two months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)