IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7848 of 2008 Pramod Kumar, son of Late Mundrika Ram, village Tendua Harkesh, PO Dhangain (Obra), District Aurangabad, The Circle Officer, Gaya, District Gaya, at present posted as Executive Magistrate, Subdivisional Office, Jamui, District Jamui – Petitioner. Vs. 1) The State of Bihar through the Chief Secretary, Bihar. 2) The Secretary cum Commissioner, Personnel and Administrative Reforms Department, Bihar, Patna. 3) The Joint Secretary, Personnel and Administrative Reforms Department, Bihar, Patna. 4) The Deputy Secretary, Personnel and Administrative Reforms Department, Bihar, Patna. 5) The Under Secretary, Personnel and Administrative Reforms Department, Bihar, Patna. 6) The Commissioner cum Enquiry Officer, Magadh Division, Gaya. 7) The District Magistrate, Gaya – Respondents. 3 12.5.2011 The petitioner is aggrieved by Annexure 10, the order of punishment issued vide memo no. 1972, dated 11.3.2004. By the aforesaid order the petitioner has been awarded the punishment of stoppage of promotion for two consecutive years. Apparently the period has already expired. The second punishment awarded to the petitioner is that he would not be entitled to full pay during the period of suspension. In the case of Mahabir Prasad vs. State of Bihar, 1988 PLJR 82, it has been held that a fresh notice is to be given, before an order is issued suspending the pay of a delinquent during the period of suspension.. In view of the aforesaid decision of this court which has been passed on the basis of the decision in the case of M. Gopalkrishna Naidu vs. State of M.P., AIR 1968 SC 240, part of the order, dated 11.3.2004 is hereby quashed. The matter relates to an incident which took place ten years ago. In the circumstances the department may consider whether they would like to proceed 2 in the matter after such a long gap. In case they come to the conclusion that they would like to proceed in the matter, then the department will have to issue a fresh show cause notice to the petitioner in accordance with clauses (3) and (5) of rule 97 of the Bihar Service Code. This writ petition is allowed in part. haque ( Sheema Ali Khan, J.)