IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4224 of 2008 Shwetambar Jha, son of Late Ram Narayan Jha, village Harari, PS Andhrathari, district Madhubani – Petitioner. Vs. 1) The State of Bihar, 2) Divisional Commissioner, Darbhanga. 3) The Collector, Madhubani. 4) The Circle Officer, Khajouli, district Madhubani – Respondents. 2 18.4.2011 The petitioner has filed this writ petition for a direction to the respondents for payment of his salary for the period April, 2000 to November 2001 and July, 2002 to June, 2005. During the pendency of this writ petition, the petitioner’s salary for the period April, 2000 to November, 2001 and for the period July, 2002 to September, 2002 has been paid to the petitioner. The petitioner was working as a Revenue Karmchari at Madhwapur Anchal, in the district of Madhubani. The petitioner was placed under suspension on 28.10.2002 which was subsequently revoked on 21.1.2003. He was dismissed from service after a departmental proceeding on 4.12.2003. The petitioner moved this court in CWJC No. 2191/2004 which was disposed of by order, dated 7.7.2004 with a direction that if the petitioner files an appeal within a fortnight, the same would be considered and disposed of by the Divisional Commissioner in accordance with law within a period of four weeks. In compliance of the order, the appeal was filed and disposed of on 15.6.2005 quashing the order of dismissal. However, while passing the order exonerating the petitioner, the 2 appellate authority, i.e. the Divisional Commissioner did not pass any order with respect to rule 97 of the Bihar Service Code which envisages that where a Government servant who has been dismissed, removed or suspended is reinstated, the competent authority passing the order of reinstatement shall pass specific order with respect to the grant in accordance with sub-clause (ii) of rule 97 of the Bihar Service Code. I accordingly remand the matter back to the Commissioner, Darbhanga Division to take a decision in accordance with rule 97 of the Bihar Service Code within a period of three months from the date of receipt of a copy of this order. It goes without saying that the arrears of salary etc. should be paid within a shortest possible time to the petitioner once a final decision is taken by the Commissioner. While passing the order, the Commissioner will take into account the judgments of this court in the cases of Chandrika Mochi vs. State of Bihar, 2000 (4) PLJR 136 and Sidheshwar Prasad Singh vs. State of Bihar, 2001 (1) PLJR 70. This writ petition is disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)