IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2193 of 2004 MD.QUAMRUL HODA Versus THE STATE OF BIHAR & ORS ----------- 5/ 21/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. The only issue surviving for adjudication is the claim for salary in between 3.9.2003 when the order of punishment was passed and the suspension revoked, till 24.9.2005 when the petitioner joined his place of transferred posting. Learned counsel for the petitioner in al fairness submitted that at best the petitioner was ignorant of the law that once the order of suspension was revoked, the assignment of headquarters during the period of suspension automatically came to an end. He bona fide believed that nonetheless he was entitled to first formally seek an order for release to join his new place of posting. Had that not been so, there was no occasion for the petitioner to come to this Court vide this writ application seeking positive directions for a relieving order. The fact that the petitioner had a bona fide erroneous belief now turns out to be correct when as late as 23.9.2005 after the institution of the writ application , the respondent - 2 - No.5 issued formal orders for his release and directed him to join at the transferred place of posting where after his claim for salary for the period in question shall be considered appropriately. At this stage, when the matter is still at the stage of consideration with the respondents, it would not be proper for this Court to make any observation in the matter lest it should prejudice either party. This writ application is, therefore, disposed with direction to the respondent No.5 to decide the issue of the claim for salary of the petitioner for the period in question by a reasoned and speaking order within a maximum period of 12 weeks from the date of receipt/production of a copy of this order. This Court expects that in the event of the respondent finding merit in the claim, necessary consequential orders and benefits shall be made available to the petitioner. KC ( Navin Sinha,J )