IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1736 of 2009 PHUDAN MAHTO Versus THE STATE OF BIHAR & ORS ----------- 2 4/2/2009 Heard counsel for the parties. This Court could not understand as to under which provision of law the Collector, Sitamarhi can pass an order as has been done by him in his letter dated 29th May, 2008 directing withholding of payment of salary of the petitioner till conclusion of the departmental proceeding. It is well settled that misconduct has to be adjudicated in the departmental proceeding, but no punishment can be given without conclusion of such departmental proceeding. Withholding of salary by itself is an order of punishment in terms of relevant Discipline Control and Appeal Rules. That being so, this Court would set aside the last part of the order dated 29.5.2008 to the following effect: “Jh egrks ds osru Hkqxrku ij yxk;h x;h jksd dks gVkus ds laca?k esa fu.kZ; foHkkxh; dk;Zokgh ds QykQy ds i’pkr gh fy;k tk ldsxk“, and the competent authority having drawing and disbursing power of the salary of the 2 petitioner is directed to make payment of salary of the petitioner on the basis of absentee statement for the period the petitioner has admittedly worked. It is, however, made clear that the departmental proceeding against the petitioner, so initiated, must be also concluded expeditiously and preferably within a period of six months from the date of receipt/production of a copy of this order. This would dispose of this writ application. (Mihir Kumar Jha, J.) Abhay Kumar