IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2769 OF 2008 NAGENDRA PATHAK, SON OF LATE LAKHAN PATHAK, RESIDENT OF VILLAGE BAR PATHAK BIGHA, POLICE STATION SHERGHATI, DISTRICT GAYA VERSUS 1. THE STATE OF BIHAR & ORS 2. THE SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE ADDITIONAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE UNDER SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA ******** 2 31/03/2011 The petitioner has filed this writ application claiming that he should be paid his full salary during the suspension period on the ground that there is no departmental proceeding pending against the petitioner. It is an admitted fact that a case has been instituted which is being investigated since 1996 by the Central Bureau of Investigation. Counsel for the petitioner submits that apart from cognizance, the criminal case has not proceeded any further and in the interim period, the petitioner has retired. In the circumstances aforesaid, I do not see any justification for withholding the salary of the petitioner during the suspension period. I accordingly direct that the salary of the petitioner for the suspension period i.e. 14.03.2002 to 24.03.2006 should be paid to the petitioner by the respondent no. 2 within a period of six months from the 2 date of receipt/production of a copy of this order before him. This writ application is accordingly disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)