IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4262 of 2004 KAILASH BIHARI MANDAL S/O LATE JAI DEO PRASAD MANDAL, R/O VILL- KAHALGAON, CHODHARY TOLA PS KAHALGAON, DISTT- BHAGALAPUR---PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECY. AGRICULTURE, GOVT. OF BIHAR, PATNA 2. SECY. AGRICULTURE (SOIL CONSERVATION)DEPTT. GOVT. OF BIHAR, PATNA 3. ADDL. SECY. AGRICULTURE (SOIL CONSERVATION) DEPTT. GOVT. OF BIHAR, PATNA 4. JOINT SECY. AGRICULTURE (SOIL CONSERVATION) DEPTT. GOVT. OF BIHAR, PATNA 5. DEPUTY SECY. AGRICULTURE (CONFIDENTIAL) DEPTT. GOVT.OF BIHAR, PATNA 6. DEPUTY SECY. AGRICULTURE (VIGILANCE) GOVT. OF BIHAR,PATNA 7. ASSTT. SECY. FINANCE DEPTT. GOVT.OF BIHAR, PATNA 8. DIRECTOR, SOIL CONSERVATION, BIHAR, PATNA 9. DISTRICT SOIL CONSERVATION OFFICER, MUNGER------------- -----------------------------RESPONDENTS. ----------- 3 19.7.2010 Heard learned counsel for the parties. Petitioner was put under suspension from 29.8.1990 and remained suspended till 28.11.1995 as per the averment made in the writ application. Suspension had to be effected due to certain acts of omission and commission committed by him for which not only a vigilance case was instituted but even a departmental proceeding was held. In the departmental proceeding the punishment of censor was passed which was to be entered in his service book. The vigilance case has not attained its finality as per the information of learned counsel for the petitioner. Petitioner wants a direction for payment of salary for the period of suspension in question as payment has not been made for that period without there being any order of punishment on this score. In the counter affidavit State has taken a stand that - 2 - the period of suspension was dependant upon the outcome of the enquiry as well as the vigilance case. The enquiry has been completed. Punishment order of censor has been passed. The order of punishment does not indicate anything about the payment to the petitioner for the period of suspension. So far the outcome of the vigilance case is concerned it is going on and up-till-now no final order has come to be passed. This cannot be a ground for non-payment of salary from 29.8.90 to 28.11.95 in absence of any punishment order being recorded in this regard. Obviously the punishment of censor is not good enough to withhold the payment of salary for the period 29.8.90 to 28.11.95. This writ application is allowed with a direction upon the Director, Soil Conservation, Bihar Patna, respondent no.8 to take step for payment of salary for the suspension period, preferably within a period of three months from the date of communication or production of a copy of this order. This writ application is allowed with the above observation. RPS (Ajay Kumar Tripathi,J.)