IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5281 of 2008 Shiv Lal Prasad Yadav, son of Late Dina Prasad Yadav, Madhour Karhar, PS Kahalgaon, district Bhagalpur – Petitioner. Vs. 1) the State of Bihar, 2) The Dist. Magistrate, Bhagalpur. 3) The Addl. Collector, Bhagalpur. 4) The Director, National Employment Programme, Dist. Rural Dev. Organization, Bhagalpur. 5) Dy. Collector Establishment, Bhagalpur. 6) The S.D.O., Sadar, Bhagalpur. 7) The S.D.O., Kahalgaon, Bhagalpur. 8) The Treasury Officer, Bhagalpur. 9) The Circle Officer, Kahalgaon, Bhagalpur. 10) The Circle Officer, Sahkund, Bhagalpur – Respondents. … For the petitioner: Mr. Rajendra Kumar Jain, Advocate. For the State: AC to AAG III. 2 6.5.2011 A departmental proceeding was initiated against the petitioner in the year 2005. There were twenty five allegations against the petitioner for which an enquiry was held. It is submitted on behalf of the petitioner that in the enquiry report he was exonerated. However, the District Magistrate passed the order of punishment contained in Annexure 8. The punishment awarded to the petitioner is censure. However, while awarding this punishment the disciplinary authority has passed an order that the petitioner would not be entitled for salary for the period of suspension. It is well settled law and specifically in the case of Pramod Kumar vs. Champaran Kshetriya Gram Bank, 2003 (4) PLJR 69 that while passing an order as to how the period of suspension is to be treated, the disciplinary authority has to given a fresh notice if he intends to pay only the subsistence allowance to 2 the petitioner. Accordingly the order contained in Annexure 8 by which the disciplinary authority has directed that the petitioner would not be entitled to the entire pay during the period of suspension, is hereby quashed. Considering the fact that the petitioner has been awarded a minor punishment and that the petitioner has retired from service in 2008, whereas the proceeding was initiated in 2005, perhaps the disciplinary authority may consider this aspect before issuing a fresh notice to the petitioner with respect to payment of only subsistence allowance for the period of suspension. This writ petition stands disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)