IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13386 of 2009 Lakhan Paswan, son of late Mahzar Paswan, resident of Mohalla – Maranpur, PO – Chand Chaura, P S – Civil Lines, District – Gaya-Petitioner Versus 1 The State of Bihar through its Secretary, Urban Development Department, Bihar, Patna 2 The Municipal Commissioner, Gaya, Municipal Corporation, Gaya 3 The Executive Engineer, Gaya Municipal Corporation, Gaya -Respondents ----------- 2 12.10.2009 The petitioner was an employee of the Gaya Municipal Corporation and was working as a Night Guard. Because of some alleged dereliction, on 10.11.2007, a departmental proceeding was initiated against him and he was put under suspension. From Annexure-4 dated 17.06.2008, the order of the Additional Municipal Commissioner, Gaya Municipal Corporation, Gaya, as contained in Annexure-4 dated 17.06.2008, it appears that the Enquiry Officer had submitted a report totally exonerating the petitioner. The report seems to have been accepted and petitioner’s suspension revoked. Petitioner was again posted as a Night Guard/Orderly. Petitioner’s grievance is notwithstanding his full reinstatement, consequent to revocation of his suspension, he is entitled to full wages for the period between 12.11.2007 and 17.06.2008. Learned counsel for Gaya Municipal Corporation very fairly concedes that in view of order, as contained in Annexure-4, the position is clear that the departmental proceedings have been dropped accepting the enquiry report. That being so, there cannot be any punishment or any deprivation of emoluments in respect of 2 the employee in question. In view of this very fair stand and in view of what is stated in Annexure-4, as referred to above, this Court has no option but to hold that the petitioner would be paid his entire emoluments for the said period. It is expected that the dues in this regard would be paid to the petitioner as early as possible but not later than six months from today. The writ petition stands allowed. M.E.H./ (Navaniti Prasad Singh)