IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1202 of 2008 PURSHOTTAM KUMAR SINGH . Versus THE STATE OF BIHAR &ORS . ----------- 2. 23.12.2009 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that he has filed I.A. No. 8260 on 16.12.2009 for substitution of the original petitioner who has been deceased on 13.11.2008 during the pendency of the case leaving behind his wife as his legal heir. The I.A. application is not available on the record and therefore to avoid holding up the proceedings the Court requested the counsel for the petitioner for his copy of the same for perusal. Copy has already been served on the counsel for the State. Let the office place the original I.A. application on the record. Having considered the submissions made in the I.A. application, the same is allowed. The original petitioner is permitted to be substituted by his wife as his legal heir. The petitioner as a Havaldar along with an Executive Magistrate and three Constables was deputed to prevent a person from committing self-immolation. The person immolated himself. In pursuance of a departmental proceeding a punishment of stoppage of one increment equivalent to two black marks has been awarded to the petitioner. His appeal against the same has also been rejected. Notwithstanding the fact that he was originally placed under suspension on 8.4.2002, the departmental proceedings 2 concluded on 26.10.2003, the petitioner continued to remain under suspension when it was ultimately revoked on 28.4.2004. Learned counsel for the petitioner urges that the Executive Magistrate deputed along with him was not even suspended much less subjected to any departmental proceedings for which reliance has been placed on Paragraphs 34 and 37 of the writ petition not denied him Paragraphs 15 and 16 of the counter affidavit. It is next submitted that once the departmental proceedings concluded by a punishment, there could be no continued suspension in law on that charge. The continuance of suspension thereafter is illegal. Learned counsel for the State in law finds it difficult to defend the continued suspension of the petitioner after 26.10.2003. The petitioner is held entitled to his full salary from 27.10.2003. Let the same be paid within a maximum period of three months from the date of receipt/production of a copy of this order. The Supreme Court in (2008) 12 SCC 331 (Man Singh Vs. State of Hartaba & Ors. while considering a challenge to discriminatory punishment on common charges in a departmental proceedings exonerating others at Paragraph 20 has held as follows:- 20. We may reiterate the settled position of law for the benefit of the administrative authorities that any act of the repository of power whether legislative or administrative or quasi-judicial is open to challenge if it is so arbitrary or unreasonable that no fair-minded authority could ever have made it. The concept of equality as enshrined in Article 14 of the Constitution of India embraces the entire realm of State action. It would extend to an individual as well 3 as only when he is discriminated against in the matter of exercise of right, but also in the matter of imposing liability upon him. Equals have to be treated equally even in the matter of executive or administrative action. As a matter of fact, the doctrine of equality is now turned as a synonym of fairness in the concept of justice and stands as the most accepted methodology of a governmental action. The administrative action is to be just on the test of “fair play” and reasonableness.” The order of punishment dated 26.10.2003 and the appellate order dated 17.7.2007 are set aside and the matter is remanded to the appellate authority to pass a fresh reasoned and speaking order in accordance with law in light of the discussion as aforesaid. Let such consideration be done and appropriate orders be passed by the appellate authority 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.)