IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17273 of 2009 1. MUNESHWAR MISTRI S/O SRI LAKHAN MISTRI R/O VILL.- LUTAUT, P.O.- CHHATHIARA, P.S.- KARANDE, DISTT.- SHEIKHPURA 2. SHAMBHU PRASAD SINGH S/O NARSINGH PRASAD SINGH R/O VILL. AND P.O.- BIRUPUR, P.S.- BARHIYA, DISTT.- LAKHISARAI 3. DHARMENDRA CHAOUDHARY S/O SRI BIHARI CHAUDHARY R/O VILL. AND P.O.- HUSAINABAD, DISTT.- SHEIKHPURA 4. BIMAL KISHORE S/O SRI RAMDAS YADAV R/O VILL.- DARIYAPUR, P.S.- BHADOUNG, DISTT.- SHEIKHPURA Versus 1. THE STATE OF BIHAR & ORS ----------- 3 28/01/2011 Looking at the settled position of law that before the punishment of withholding of salary and other allowances for the period of suspension is imposed on an employee, there is requirement of following the procedure laid down under Rule 97(3) of the Bihar Service Code. In this regard ready reference may be made to the decision in the case of Dinesh Prasad Vs. State of Bihar and others reported in 2006(4) PLJR, 514. In that view of the matter, imposition of punishment on the petitioner of withholding of salary and other allowances for the period of suspension will remain in abeyance. The District Superintendent of Education, - 2 - Sheikhpura is directed to issue a show cause to the petitioner under Rule 97(3) of the Bihar Service Code with regard to the proposed punishment and after giving an opportunity to show cause, appropriate decision will be taken in this regard. This writ application is disposed of with the above observation. The Court expects that the entire issue will be resolved within a reasonable period, preferably within a period of three months from the date of production or communication of a copy of this order. AMIN/ (Ajay Kumar Tripathi, J.)