IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7202 of 2007 RAM PRAVESH TRIVEDI Versus THE STATE OF BIHAR & ORS For the Petitioner: Mr. Awadhesh Kumar Mishra, Adv. For the State : Md. Aslam Ansari, J.C. to S.C.14 ----------- 2/ 15/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was proceeded against departmentally. The order of punishment was passed imposing censure and that for the period of suspension nothing was payable except for subsistence allowance which shall otherwise be counted for the purposes of pension. Censure is a minor punishment. In any event, the writ application raises no challenge to any alleged illegality or irregularity in the departmental proceedings and neither has the petitioner challenged the punishment of censure in appeal. To that extent there is no occasion for this Court to examine that aspect of the issue. Insofar as the question of salary for the period of suspension for non-compliance of the provisions of Rule-97(3) of the Bihar Service Code is concerned, a Division Bench of this Court in 2006(4) P.L.J.R. 514 (Dinesh Prasad vs. State of Bihar & Ors.) has held in clear terms to the following effect at paragraph-9:- “ Apart from these questions, so far the main question for which this matter 2 has been referred, is concerned, it appears that for imposing the punishment no.(iii) that the petitioner shall not get anything for the period of suspension save and except the subsistence allowance, the disciplinary authority was required to give separate show cause notice to the delinquent in terms of Rule-97(3) of the Code. This part of the order, therefore, is not permissible in absence of any such notice to the delinquent employee.” In view of that authoritative enunciation of law the order of punishment insofar as it denies him the benefit of salary for the period of suspension without issuance of a prior show cause notice and consideration of a reply is set aside. The petitioner is held entitled to his salary for the period of suspension. Let such payment be made to him within a period of eight weeks from the date of receipt/production of a copy of this order. The writ application is allowed only to the extent indicated above. If the petitioner has any other grievances with regard to his service tenure it shall be his discretion to raise the same before the authorities to be considered in their own wisdom and for which the court makes no observation. KC ( Navin Sinha, J.)