IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.71 of 2008 BAIDEHI SHARAN VERMA Versus THE STATE OF BIHAR & ORS ----------- 2/ 09/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application was filed on 2.1.2008 after serving two copies of the writ application in the office of the Advocate General, Bihar. Despite passage of two years no counter affidavit has been filed by the respondents. The petitioner is aggrieved by the order dated 30.5.2007 by which notwithstanding that no evidence was found against him in the departmental proceeding he is yet sought to be denied anything beyond subsistence allowance for the period of suspension. Learned counsel for the State submits that a criminal prosecution against the petitioner on the same charges are still pending. This Court in C.W.J.C. No.9536/05 has adequately noticed the distinction between a criminal prosecution and a departmental proceeding. The petitioner may be acquitted in the criminal case and yet faulted with in the departmental proceedings. Conversely the vice versa can also happen. The two are independent issues. If in the departmental 2 proceeding the authorities did not find any material of his misdemeanour as a Government employee under the Service Rules for lack of evidence and decided to drop the proceedings, there can be no justification for denying full salary for the period of suspension in contemplation of final orders in the pending criminal prosecution. Quite obviously, the suspension also stands not justified in view of the exoneration in the departmental proceedings. The impugned order dated 30.5.2007 is set aside. Let the monetary benefits be made available to the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order before the respondent concerned. The writ application stands allowed. The petitioner is at liberty to file further representation for any perceived service grievances that he may have as a consequence of the impugned order having been set aside. KC ( Navin Sinha, J.)