IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4947 of 2010 1. DEVI LALL S/O LATE LAXMI PRASAD R/O MOHALLA- KALIPER, NEAR BARI MANDIR, P.O.- BIHARSHARIF, P.S.- BIHARSHARIF, DISTT.- NALANDA Versus 1. THE MUNICIPAL COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, PATNA 2. THE CHIEF ENGINEER, WATER SUPPLY SECTION, PATNA MUNICIPAL CORPORATION, PATNA 3. THE EXECUTIVE OFFICER, WATER SUPPLY SECTION, PATNA MUNICIPAL CORPORATION, PATNA 4. THE EXECUTIVE OFFICER CUM CONDUCTING OFFICER, BANKIPUR CIRCLE, PATNA MUNICIPAL CORPORATION, PATNA 5. THE ADDITIONAL MUNICIPAL COMMISSIONER (ESTABLISHMENT) PATNA MUNICIPAL CORPORATION, PATNA ----------- For the petitioner : Mr. Rajendra Kumar Jain with Mr. A.N.Sinha, Advocates. ----- 2/ 30.03.2010 Heard learned counsel for the parties. 2. Petitioner, while serving on the post of Typist in the Patna Water Board superannuated w.e.f. 31.01.2010. He has filed this writ application for a direction to the Chief Executive Officer of the Patna Water Board to pay him the arrears of salary for the suspension period as after being warned, his suspension was revoked under orders dated 14.10.2006, Annexure-3. It is submitted on behalf of the petitioner that warning is not a punishment as per the provisions of Bihar Government Servant (Classification, Control and Appeal ) Rules 2005, amended in 2010 vide notification dated 10th February, 2010 and in view of the amended provision of the aforesaid - 2 - rules, the request of the petitioner for payment of arrears of salary for the suspension period is required to be considered in terms of rule 97 of the Bihar Service Code. 3. Let the Chief Executive Officer consider the request of the petitioner for payment of arrears of salary for the suspension period in the light of the amended provision of the aforesaid Rules as early as possible in any case within two months from the date of receipt/production of a copy of this order before the Chief Executive Officer. ( V.N. Sinha, J ) BTiwary/