IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2122 of 2009 Md.Azam Beg . Versus The State Of Bihar & Ors . ----------- 3/ 05/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the writ application is for arrears of salary for the period 10.6.2004 till 8.11.2004, the period of suspension in contemplation of a departmental proceeding. It is submitted that the suspension has been revoked without any departmental proceeding being held and therefore the suspension itself is unjustified and the petitioner is entitled to the salary for that period. Suspension is not a punishment. The counter affidavit filed by the respondents today acknowledges that no charge-sheet has been served on the petitioner till date. It only refers to internal procedures with regard to framing of charges drawing up of the charge-sheet and which also stops in the year-2005. A departmental proceeding commences upon issuance of a charge-sheet. The manner in which the counter affidavit has been filed with virtually no defence in law, disappoints the Court thoroughly. 2 The State Litigation Policy framed in 2011 states that the State Government shall behave as a responsible litigant and shall not defend undefendable cases merely for the sake of it. The policy requires a review of such pending matters. The petitioner is held entitled to full salary for the period of suspension in absence of any charge-sheet having been served upon him signaling the commencement of the departmental proceeding. Let the same be paid to the petitioner after deducting any amount already paid within a maximum period of six weeks from the date of receipt/presentation of a copy of this order. The writ application is disposed. KC ( Navin Sinha, J.)