IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10803 of 2009 ASHOK KUMAR YADAV, Son of Sri Madan Prasad Yadav, resident of Paniyara Chowk, Police station – Ram Nagar, District – Munger, at present Inspector – Havildar, Bihar Home Guard, Gopalganj. ….. Petitioner. Versus 1. THE STATE OF BIHAR through the Commandant, Bihar Home Guard, Patna (Head Quarter). 2. The District Commandant, Bihar Home Guard, Jehanabaddd, District – Jehanabad. 3. The District Commandant, Bihar Home Guard, Gopalganj, District – Gopalganj. 4. The Divisional Commandant, Bihar Home Guard, Muzaffarpur, District – Muzaffarpur. ….. Respondents. ----------- 02/ 27.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order of the Commandant, Bihar Home Guards, Patna bearing memo no. 483 dated 5.2.2008, whereunder he has been imposed punishment of black mark with further direction that he shall not be paid anything over and above the suspension allowance for the period of suspension i.e. 5.5.2005 to 14.9.2006. Petitioner has a remedy of appeal against the order imposing punishment and withholding of his salary for suspension period, but it appears from the writ application that appeal has not been filed so far. Accordingly, this writ application is disposed of with direction to the petitioner to challenge the order dated 5.2.2008, Annexure-4 by filing appeal before the competent authority, who should dispose of the same after condoning the delay in filing the same as early as possible in any case within two months from the date of receipt of the memo of appeal. For the arrears of salary for the period between 1.2.2006 to 14.9.2006 as also for the arrears of subsistence allowance for the period between 14.9.2004 to 2.1.2005 - 2 - the petitioner shall be at liberty to approach before the Commandant of the Bihar Home Guards, who shall consider the same and pass appropriate reasoned order if such payment is not allowed to him within two months from the date of receipt/production of a copy of this order. DKS/ (V.N. Sinha, J.)