IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9464 of 2009 GAYA PRASAD TIWARI, SON OF LATE LALIT TIWARI, RESIDENT OF THAKUR BHAGWAN CITY MARG, GANNIPUR, MUZAFFARPUR, P.S. QAZI MUHAMMADPUR, DISTRICT MUZAFFARPUR. ... ... PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, PATNA. (HEREINAFTER REFERRED TO AS ELECTRICITY BOARD). 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, PATNA. 3. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, PATNA. 4. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, PATNA. 5. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRICAL CENTRAL STORE, SAMASTIPUR. ... ... RESPONDENTS. ----------- 4. 9.11.2009. Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the punishment order dated 29.8.2001 (Annexure-3) where under he has been imposed the punishment of censor as also with holding of one increment with cumulative effect with further direction that he shall not be entitled for salary beyond subsistence allowance during the period of suspension. Against the appellate order, petitioner filed appeal which was dismissed by the Chairman of the Board under orders dated 21.8.2002 (Annexure-C to the Supplementary Counter - 2 - Affidavit). During the hearing of the present writ application, counsel for the petitioner has assailed the original punishment order dated 29.8.2001 as also the appellate order dated 21.8.2002 on the ground that while passing the punishment order and with holding his salary beyond subsistence allowance during the period of suspension, the authorities were obliged to have given him notice in terms of Sub Rule (3) of Rule-97 of the Bihar Service Code calling upon him to show cause as to why his salary beyond subsistence allowance during period of suspension be not paid as has been held by the Division Bench of this Court in the case of Mahabir Prasad and others vrs. The State of Bihar and others (1988 PLJR 82). For failure to serve the notice with-holding of salary beyond subsistence allowance during the suspension period is not in accordance with law. Having heard counsel for the petitioner and while maintaining the punishment of censor and with-holding of one increment with cumulative effect, I direct - 3 - N.H./ the original authority to issue a fresh show cause notice to the petitioner in the light of the provisions contained in Sub Rule (3) of Rule-97 of the Bihar Service Code, which has already been adopted by the Board and thereafter to pass fresh order on the question whether petitioner should be allowed salary beyond subsistence allowance for the period of suspension in view of the allegation finding of guilt as also the duration of suspension. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)