IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1370 of 2010 1. RAMESHWAR SAH S/O LATE BABUAN SAH R/O VILL & P.O.BENGAHA,P.S.& DISTT-SAHARSA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE SUPAUL DISTT- SUPAUL 3. THE SUB- DIVISION OFFICER NIRMALI, DISTT-SUPAUL 4. THE CIRCLE OFFICER NIRMALI, DISTT-SUPAUL 5. THE DEPUTY TRESURY OFFICER NIRMALI , DISTT-SUPAUL ----------- 2/ 26/07/2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in this application relates to full salary for the period of suspension after its revocation by order dated 16.8.2005. The order states that he has not been visited with any punishment in the departmental proceedings. The order rightly refers to Rule-97(2)(1) of the Bihar Service Code to direct payment of full salary. The direction of the Additional Collector to the Anchal Adhikari, Nirmali dated 29.7.2008 has remained uncomplied leading to the institution of a wholly avoidable litigation at the behest of the State. The District Magistrate, Supaul is directed to ensure that the salary dues of the petitioner are paid to him within a maximum period of two weeks from the date of presentation of a copy of this order before him. Considering that the petitioner was a Class-4 employee, that he had not been found guilty in the departmental proceedings which ordered payment of his - 2 - salary for the period of suspension as far back as 16.8.2005, this Court considers it proper to grant him 3% interest upon the same with effect from 16.8.2005 till payment. The District Magistrate, Supaul is directed to initiate an enquiry to fix responsibility on the person concerned who withheld the salary notwithstanding the order dated 16.8.2005. The person concerned shall then be issued a show cause notice of the grounds on which responsibility is sought to be fastened upon him and after considering his show cause the District Magistrate shall proceed to recover the interest amount from his salary. The aspect of enquiry, fixation of responsibility and recovery of the interest amount from the salary of the delinquent are procedural matters which shall not obviate the need for compliance of this order within the time fixed from Government coffers to be recovered from the person on whom the responsibility is ultimately fixed. The writ application stands disposed. KC ( Navin Sinha, J.)