IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16608 of 2009 1. NAND KUMAR JHA S/O LATE DEO KANT JHA R/O VILL.- KAHARA, P.S.- SOUR BAZAR, DISTT.- SAHARSA AT PRESENT POSTED AT SUPAUL COLLECTRATE, STENO TO A.D.M., SUPAUL Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE COMMISSIONER KOSHI DIVISION, SAHARSA 3. THE DISTRICT MAGISTRATE SUPAUL 4. THE DEPUTY DEVELOPMENT COMMISSION - CUM - GRAMIN VIKAS ABHIKARAM SUPAUL ----------- 2. 18.1.2010 Heard learned counsel for the petitioner and the State. The petitioner was proceeded departmentally for unauthorized absence on four charges. He was exonerated on three charges. He was found guilty under charge no. 2 for not having submitted his show cause to the District Magistrate within time. The impugned order of punishment of censure dated 22.10.2008, also notices that his leave for the alleged period of unauthorized absence, i.e. 6.2.2006 to 24.2.2006 has been subsequently sanctioned. It is submitted that the petitioner has filed appeal against the punishment of ‘censure’. Once his leave has been sanctioned, the suspension becomes non-est and he is entitled to the salary for the period of suspension. Counsel for the State rightly submits that all these matters can be properly considered and disposed off in pending appeal of the petitioner. In view of the pendency of the appeal, this Court 2 refrains from making any observations but requires the appellate authority to adequately consider the contention of the petitioner that once his leave has been subsequently sanctioned, the ground for suspension becomes non est, and pass appropriate orders on his claim for salary for the period of suspension also. The punishment of censure is a matter to be considered independently by the appellate authority which has not been the subject mater of consideration in this order at all. Let the appeal be disposed preferably within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)