IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1317 of 2011 Ram Swarth Sah SON OF LATE BAIDEHI SHARAN SAH, RESIDENT OF HARI BELA VIA BHUTAHI, P.S. BHUTAHI, DISTRICT SITAMARHI. Versus 1. The State Of Bihar THROGUH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPTT. GOVT. OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 4. THE COLLECTOR CUM DISTRICT MAGISTRATE MUZAFFARPUR. 5. THE DEPUTY COLLECTOR, I/C. DISTRICT CONFIDENTIAL SECTION, MUZAFFARPUR. 6. THE TREASURY OFFICER, MUZAFFARPUR. 7. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, MUZAFFARPUR. ----------- 2 28/06/2011 Annexure-20 is the speaking order which has been passed by the District Magistrate, Muzaffarpur. This is dated 15/01/2011. By virtue of this order pay of the petitioner between 5.3.2010 and 11.03.2010 has been ordered to be withheld for conducting an enquiry under section 43-B of the Bihar Service Code. Since the issue is confined to non payment of salary from 5.3.2010 to 11.3.2010, the petitioner is entitled for payment of rest of salary forthwith, especially when he has retired. The question of payment of salary for those days will be dependent upon the decision which will be rendered in the proceeding under section 43-B of the Bihar Service Code. This writ application is disposed of with the observation aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)