IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2216 of 2006 JAGANNATH MANDAL, son of late Kshirodendu Mandal, resident of village + P O – Ilami, P S – Pakur, District – Pakur Jharkhand), at present posted as Under Secretary, Department of Home (Special), Government of Bihar, Patna. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Department of Personnel and Administrative Reforms, Bihar, Patna. 3. The Secretary, Department of Finance, Bihar, Patna. 4. The Secretary, Department of Home, Government of Bihar, Patna. 5. The Special Secretary, Department of Home (Special), Government of Bihar, Patna. 6. The Deputy Secretary, Department of Personnel and Administrative Reforms, Bihar, Patna. 7. Under Secretary, Department of Personnel and Administrative Reforms, Bihar, Patna. ----------- For the petitioner: Mr. Ganesh Prasad Singh, Sr. Advocate & Mr. Manish Kumar. For the State: Mrs. Nivedita Nirvikar. ---- 02. 25.10.2010 Taking the line of least resistance learned senior counsel representing the petitioner while assailing Annexure – 24 submits that punishment no.1 relating to censure entered in the service book of the petitioner for the year 1998-99 has lost its meaning. Therefore, he is not pursuing the matter any further on that count. So far as second punishment is concerned, he submits that even the effect of such punishment has got marginally diluted now and the same should not be held out against the petitioner for future promotion. On this score the Court can only observe that the rules are there, which will guide the issue of future promotion in the background of kind of punishment which has been imposed upon the petitioner so far as second punishment is concerned. The third punishment is non-payment of salary and other 2 dues for the period of suspension except the subsistence allowance. This is being assailed by the petitioner in the light of principle laid down by this Court in the two decisions rendered in the case of Sri Mahabir Prasad vs. State of Bihar and others, 1988 PLJR 82 and Pramod Kumar vs. The Champaran Kshetriya Gramin Bank and others, 2003(4) PLJR 68. Law being well settled on this issue and no longer in dispute, the third punishment is hereby quashed. The authority has freedom to abide by the law laid down in this regard. The writ application stands allowed to the extent indicated above. rkp ( Ajay Kumar Tripathi, J.)