IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4077 of 2003 RAMA KANT SINGH Son of Bankey Bihari Singh, resident of Village kurthaul P.S. Parsa Bazar, District- Patna. Versus 1.THE STATE OF BIHAR. 2.Agriculture Production Commissioner-Cum- Secretary Agriculture Department, New Secretariat, Patna. 3.Director Agriculture, New Secretariat, Patna. 4.Deputy Director Engineering Department, Mithapur Farm, Govt. of Bihar, Patna. 5.Accountant General, Bihar Patna. ----------- 4 30/7/2009 Heard counsel for the petitioner, counsel for the State as also counsel for the Accountant General. Prayer of the petitioner in this writ application is for payment of salary for the period of his suspension arising out of his involvement in a criminal case. Counsel for the petitioner would submit that since the petitioner has already been exonerated in the criminal case he has automatically become entitled for payment of salary for the entire period of suspension. He would also submit that though the order of suspension of the petitioner was revoked pursuant to his acquittal in criminal case but the decision for payment of his salary has yet to be taken. From the counter affidavit filed by the respondents it however appears that after order of suspension of the petitioner was revoked on 27th June, 2002 and a decision was also taken for payment of salary of the petitioner under the orders of Director, Agriculture dated 18th July, 2003 and infact bills had been prepared and were sent to Treasury for payment. 2 Since counsel for the petitioner does not dispute correctness of order of the Director, entitlement made thereunder for subsistence allowances for the said period and salary for the remaining period (provided he had reported on duty) must be held to be a correct decision. Consequently, as the petitioner has already been given relief by the respondents to which he was entitled in law, this application has become infructuous and is dismissed accordingly. Abhay Kumar (Mihir Kumar Jha, J.)