IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2073 of 2007 YOGENDRA PRASAD MANDAL Versus BIHAR STATE ELECTRICITY BOARD For the Petitioner : Binod Kumar (Adv.) For the B.S.E.B. Mr. Vinay Kirti Singh ----------- 3/ 22/9/2008. Heard learned counsel for the petitioner and the respondent Electricity Board. While working as an Accounts Assistant the petitioner was placed under suspension and departmental proceedings followed. Punishment was imposed of stoppage of one annual increment with non- cumulative effect, censure and that nothing beyond subsistence allowance shall be paid during the period of suspension which shall otherwise be counted for the purpose of pension. In Appeal on 14.6.2007 the punishment of stoppage of the annual increment and censure has been waived. That leaves only the punishment of payment of “nothing beyond subsistence allowance” for the period of suspension. Learned counsel for the petitioner has relied upon a Division Bench judgement of this Court in 2006(4) P.L.J.R. 514(Dinesh Prasad vs. State of Bihar & Ors.) to submit that no such punishment can be imposed except after giving a separate show cause notice - 2 - in terms of Rule-97(3) of the Bihar Service Code. Paragraph-9 of the Judgement reads as follows:- 9. “ Apart from these question, so far as the main question for which this matter has been referred, is concerned, it appears that for imposing the punishment no.(iii) that the petitioner shall not get anything for the period of suspension save and except the subsistence allowance, the disciplinary authority was required to give separate show cause notice to the delinquent in the terms of Rule-97(3) of the Code. This part of the order, therefore, is not permissible in absence of any such notice to the delinquent employee.” He submits that the respondents have not complied the same. The writ application has therefore to be allowed. The punishment that nothing beyond subsistence allowance shall be payable for the period of suspension is set aside. The petitioner shall be entitled to full salary for the period of suspension. KC ( Navin Sinha,J )