IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.247 of 2011 Madanlal Panja . Versus The State Of Bihar & Ors. . ----------- 6. 24.08.2011 A show cause is stated to have been filed on behalf of the opposite party no. 2 yesterday. The office shall place it on record. The Court requested the counsel for the State to make available his copy for perusal so as not to hold up the proceedings. For reasons mentioned in the same on account of the prevailing flood situation the personal appearance of the District Magistrate is dispensed with. Learned counsel for the petitioner submits that the departmental proceeding has been concluded and punishment imposed which shall be challenged in an appropriate proceeding. However, this Court had directed that if the departmental proceedings are not concluded within a period of two months from the date of service of the order, the suspension shall stand revoked after two months when the departmental proceeding may otherwise continue. The order of the Court was presented on 18.10.2010. The proceedings were not concluded within two months. The suspension stood revoked by the order of the Court on 18.12.2010. The petitioner 2 submitted his joining on 20.12.2010 which was not accepted. Counsel for the State submits that suspension has been revoked in March, 2011. Once the suspension stood revoked by an order of the Court on 18.12.2010, that duration cannot be extended by the respondents by issuance of any formal orders. Issuance of any order thereafter was a ministerial act only which could not dilute or supersede the directions of the Court. The petitioner is therefore held entitled to his salary from 19.12.2008. Answerability and accountability for this salary that the State has now to pay because of non compliance of the orders of the Court by a functionary of the State shall now necessarily arise. The application stands disposed. P. Kumar ( Navin Sinha, J.)