IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5736 of 2008 RAGHVENDRA NARAYAN, SON OF LATE GOPAL KRISHNA DAS, RESIDENT OF MOHALLA RAJPUT COLONY, BENGALI TOLA, P.S. LAHERIASARAI, DISTRICT DARBHANGA, PRESENTLY POSTED AS STATISTICAL SUPERVISOR AT NAUHATTA BLOCK, DISTRICT SAHARSA. ---- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF PLANNING AND DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF PLANNING AND DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF PLANNING AND DEVELOPMENT (STATISTICS AND EVALUATION DIRECTORATE), GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE-CUM-DISTRICT STATISTICAL OFFICER, SAHARSA. ------ RESPONDENTS. For the petitioner : Mr. Pramod Mishra, Advocate For the State : Mr. G.K. Agrawal, G.A. X Mr. Mr. K. Ravish, Advocate Mr. A.D. Siddiqui, Advocate ----------- 2 18.5.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order passed by the disciplinary authority after holding an enquiry has awarded the minor punishment of censure. The only illegality in the order of the disciplinary authority dated 9.2.2007 is that along with the punishment of censure, the authority has directed that the petitioner would not be entitled to the salary during the suspension period. It is well settled law that for withholding of salary during the suspension 2 period, a separate notice is to be issued to the delinquent concerned as the action is envisaged under rule 97 of the Bihar Service Code. I, accordingly, quash that part of the order as contained in Annexure-4 by which the disciplinary authority has ordered for withholding of the salary during the suspension period. The disciplinary authority would have liberty to issue a fresh show-cause notice and pass appropriate orders in this matter after considering the show-cause filed on behalf of the petitioner within a period of six months on receipt/production of a copy of this order. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)