IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2465 of 2009 MD.WASIMUDDIN Versus THE STATE OF BIHAR & ORS ----------- 2. 01.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The termination of the petitioner was set aside for non compliance of procedures in the departmental enquiry and reinstatement ordered. Back wages was left for decision in accordance with law. The petitioner submitted his joining on 25.5.2009 and has been suspended again on 18.6.2009. Counsel for the petitioner submits that acceptance of his joining was communicated to him on 18.6.2009 and on the same day he has been suspended. This Court had set aside the termination on technical grounds for non compliance of procedure and directed reinstatement. In that view of the matter, a fresh suspension after acceptance of his joining for holding of a departmental proceeding cannot be faulted with to interfere in contempt jurisdiction. That can only be tested in a fresh writ petition, if so advised. The prayer for back wages has been rejected. That again cannot be tested in contempt jurisdiction. Learned Counsel for the opposite parties fairly submits that if the petitioner gave his joining on 25.5.2009 and has been suspended on 18.6.2009 he is entitled to his salary for that period. It is further acknowledged that if the petitioner has been kept under suspension as an employee he has a right to be paid his subsistence allowance in accordance with law. Let the opposite parties comply the latter two aspects within a maximum period of one month from the date of receipt and/or presentation of a copy of this order. The contempt application stands disposed. Snkumar/- (Navin Sinha,J.)