IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.639 of 2003 SUNIL KUMAR ALOK, son of late Prem Kumar Sinha, Teacher, Primary School, Shastri Nagar, P.O. & P.S. Khizarsarai, District Gaya … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Gaya 3. The District Superintendent of Education, Gaya … Respondents ----------- 3. 2.7.2010 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application reads as follows: “(a) For a direction to the respondents authorities to pay full salary to the petitioner of the period of suspension.” From the perusal of the records of this writ application it would appear that the petitioner was suspended pending departmental proceeding by an order dated 15th November, 1997 and subsequently his such suspension order was revoked by another order dated 25th July, 1998. In the said order the District Education Officer ordered for revoking the order of suspension but it does not appear as to whether the petitioner was exonerated or held guilty for the charges framed against him. The appeal of the petitioner also filed before the 2 Divisional Commissioner was also not decided on merits, rather it was dismissed for default and a prayer for restoration was also rejected. In that view of the matter, while this Court would set aside the appellate order but in stead of remitting the matter back to the appellate authority it would direct the District Education Establishment Committee, the appointing authority of Gaya District, to examine the aspect as to whether the petitioner was found guilty in the departmental proceeding. If it is found by the Committee that the charges against the petitioner were already proved, it would record so and reject the claim of salary of the petitioner for the period of suspension but on the other hand, if it is found that in the departmental proceeding the charges against the petitioner were not proved, he would be given full salary for the period of suspension. Such exercise must be completed by the District Education Establishment Committee within a period of six months from the date of receipt/ production of a copy of this order. 3 It would be the duty of the District Superintendent of Education, Gaya, the Secretary of the Committee, to place the whole matter before the Committee for its decision. With the aforementioned observations and directions, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/