IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5945 of 2009 LAL BABU MOCHI Versus THE STATE OF BIHAR & ORS ----------- 2 12.5.2009 Heard counsel for the petitioner and counsel for the State. The grievance of the petitioner in fact in this writ application is confined to the payment of salary for the period 15.12.2004 to 8.11.2006. The relevance of the date of 15.12.2004 is that on that day, the order of appointment of the petitioner was revoked with certain punishment passed in the office order no. 299 dated 15.12.2004 one of which was that the petitioner was reverted to the basic salary of the post of Head Warden. The said punishment on appeal has been modified by the Inspector General of Prisons by an order dated 8.11.2006 (Annexure-1) whereby and whereunder five increments with cumulative effect have been stopped and the petitioner has also been deprived of getting any payment of salary for the period of suspension. The grievance of the counsel for the petitioner is that even after the appellate order dated 8.11.2006, he has not been paid 2 salary of the post of Head Warden for the period 15.12.2004 when his order of suspension was revoked to the date of 8.11.2006 when the order of punishment as indicated above was modified. Counsel for the petitioner would submit that the representation of the petitioner is pending consideration and as such, the petitioner should await the order of the authority on such representation. This Court would find that the petitioner has already suffered for last five years on account of the suspension followed by an order of punishment and therefore, if the petitioner now aged about 58 years wants his due entitlement as per the order dated 8.11.2006, the same must not be stopped any further. The petitioner does not want any modification in the order of punishment rather only claims the amount which becomes payable in terms of the order of punishment. This Court, therefore, without expressing any final opinion on such claim of the petitioner would direct the Inspector General of Prisons himself to look into the grievance of the 3 petitioner and pass an order with regard to the payment of salary for the period 15.12.2004 to 8.11.2006 within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)