1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8785 of 2011-I Date of decision: 19.10.2011 Rajinder Bindra .. Petitioner Versus State of H.P. & others ..Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Vikas Bhardwaj, Advocate. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Ms. Shubh Mahajan, Deputy Advocate General. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “ii) That the present petition may very kindly be allowed with costs and this Hon'ble Court be pleased to issue a writ in the nature of mandamus, directing the respondents to allow the present petitioner to mark his presence and to attend to his duties in the office of the Deputy Director of Agriculture, Palampur, the respondent no. 3 herein. iii) That the respondents may kindly be directed to release the areas of salary of the petitioner 2 since March 2011, till date, with interest at the rate of 15% per annum on the same.” 2. On 12th October, 2011, this Court passed the following order: “Notice. Mr. J.K. Verma, Dy. AG accepts notice on behalf of the respondents. There will be a direction to the third respondent or the competent official under him to be present before this Court with entire records pertaining to the suspension of the petitioner on 19.10.2011.” 3. We have seen the records. There is no order of suspension. However, we find that the disciplinary proceedings are pending. Since there is no suspension, the petitioner is to be treated on duty for all purposes. Therefore, this writ petition is disposed of as follows: 4. There will be a direction to the respondents to release the salary due to the petitioner from the month of March onwards, within 10 days. It will be open to the respondents to proceed with the disciplinary enquiry in accordance with law. However, it is further made clear that the eligible salary shall be disbursed on the due dates, so long as the petitioner is in service. The arrears of salary shall carry interest at the rate of 9%. It is further made clear that in case the salary is not disbursed within 10 days from today, the petitioner will be 3 entitled to interest at the rate of 12% and the officers responsible for the delay shall be personally liable for the same. Needless to say that the petitioner shall be assigned duties so long as he is in service. 5. With these observations, the writ petition is disposed of, so also the pending application(s), if any. Authenticated copy to the petitioner. (Justice Kurian Joseph), Chief Justice (Justice Rajiv Sharma), October 19, 2011. Judge (sck/hl)