IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12723 of 2005 MEWA RAM S/O BUDHI RAM R/O VILL-JOHAN PS CHAND, DISTT.- KAIMUR (BHABHUA)--PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, PATNA DIVISION,PATNA 3. THE COLLECTOR, KAIMUR 4. THE S.D.O. MOHANIA, DISTT- KAIMUR 5. THE B.D.O. BHABHUA BLOCK DISTT- KAIMUR—RESPONDENTS. ----------- 4 3.9.2010 After having heard learned counsel for the petitioner and learned counsel for the State and having perused the impugned order contained in annexure-1, this Court is not convinced that no case is made out against the petitioner which warranted imposition of punishment upon him. But the legal objection raised by learned counsel on one issue merits consideration in view of settled law on this issue. Learned counsel for the petitioner is correct in stating that for withholding the salary for the period of suspension, the procedure laid down under rule 97 of the Bihar Service Code is required to be followed. Since the same was not followed before imposition of such punishment it is required to be interfered with. This part of the order stands quashed and the matter is remanded back to the District Magistrate, Bhabhua with a direction that the procedure laid down in rule 97(3) of the Bihar Service Code would be followed before passing of fresh order with regard to withholding of salary etc. for the period of suspension. Since it is an old matter the Court shall expect an early decision in this regard preferably within a period of six months from the date of communication or production of a copy of this - 2 - order. This writ application is disposed of with the above observation. RPS (Ajay Kumar Tripathi,J.)