IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10669 of 2002 DAMODAR SHARMA son of Late Ganouri Sharma Headmaster, Middle School, Madhopur, Police Station Chandi, District Nalanda. Versus 1.THE STATE OF BIHAR through the Secretary (Primary Education), Secondary, Primary and Adult Education Department, Government of Bihar, New Secretariat, patna. 2.The District Magistrate, Nalanda. 3.The District Superintendent of Education, Nalanda. ----------- 3 24/6/2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application is confined to payment of salary for the period his suspension, from 23.10.1999 to 18.2.2002. Mr. Bijoy Kumar, learned counsel for the petitioner would point out that the order of suspension of the petitioner dated 23.10.199 was revoked by exonerating the petitioner from the charges as would be apparent from reading of Annexure-2 dated 18.2.2002 passed by the District Superintendent of Education, Nalanda and as such the petitioner cannot be denied payment of his full salary for the period of suspension. Counsel for the State has not filed any counter affidavit and only on the basis of instruction received by him has been submitted that it was on account of paucity of funds that the salary of the petitioner had not been made. This Court, finds that the petitioner was released from suspension on the basis that charges against him had been not 2 proved. No order of punishment, in fact, was passed against him and therefore in terms of Rule 97 of the Bihar Service Code the period of suspension will be deemed to have been spent on duty. The authorities in fact were required to pass an order in terms of Rule 97 (2) of the Bihar Service Code for regularising the period of suspension and payment of full salary. That apparently has not been done so far. In that view of the matter, this Court would direct the District Superintendent of Education (D.S.E.), Nalanda to examine the matter confined to only payment of salary to the petitioner for the aforesaid period of suspension. If on such examination the District Superintendent of Education, Nalanda would find that the salary of the petitioner was payable, as prima-facie it appears to be so to this Court, he would immediately pass an order and direct for payment of salary. If however for any reason the D.S.E., Nalanda will hold the petitioner to be not entitled for payment of salary for the aforesaid period, he must give reasons for the same. With the aforementioned observations/directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)