IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.718 of 2009 Anirudh Prasad Singh son of Late Alakhdeo Singh, Assistant Teacher, Urdu Middle School, Pithori, Anchal Akbarpur, Ditrict Nawadah at present posted as Assistant teacher, Middle School, Harta, Anchal Nawadah, District Nawadah. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Bihar. 3. The Regional Deputy Director of Education, Magadh, Gaya. 4. The Commissioner, Magadh Division, Gaya. 5. The District Superintendent of Education, Nawadah. 6. The Block Education Extension Officer, Akbarpur, District Nawadah. 7. The Area Education Officer, Akbarpur, District Nawadah. ----------- For the Appellant :- Mr. Arun Kumar For the Respondents :- Mr. S. K. Sharma, G.A. V & S. S. Mishra, A.C. to G. A. V ------ 3 18/08/2009 Heard learned counsel for the parties. After arguing for a considerable time, learned counsel for the appellant has confined his submissions only in respect of denial of full salary for the period of suspension. According to him, rule 97 of the Bihar Service Code required the authorities to give an opportunity to the petitioner before holding that the petitioner is entitled to get any thing beyond subsistence allowance for the period of suspension. In view of the aforesaid stand of the learned counsel for the appellant and after hearing learned counsel for the State the order of the disciplinary authority as modified by the appellate authority imposing a minor punishment of stoppage of increment of the appellant for one year is not interfered with. However, the other matter relating to claim for salary for the period of suspension is remanded back to the disciplinary authority who shall decid this issue - 2 - after considering the appellant’s representation which would be filed within a period of four weeks from today. It is expected that the final order in this regard shall be passed by the disciplinary authority without any delay, preferably within a period of six weeks from the date of fling of the representation. With the above observation/direction, this letters patent appeal is disposed of. (P. K. Misra, CJ.) (Shiva Kirti Singh, J.) AMIN