IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3153 of 2006 SATYADEO PRASAD Versus THE STATE OF BIHAR & ORS ----------- 03. 28.10.2010 At this stage only relevant punishment which is required to be examined by the Court is the order, which states that petitioner would not be entitled to anything for the period of suspension except subsistence allowance. In absence of clear pleading on behalf of the State that Rule 97(3) of the Bihar Service Code has been followed, the said order is set aside in the light of ratios decided by this court 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. Matter is remitted back to the authorities to follow the procedure in this regard in accordance with Rule 97(3) of the Bihar Service Code. The writ application stands disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)