IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3630 of 2010 1. MAHENDRA PRASAD SINGH S/O LATE BHUNESHWAR SINGH R/O VILL.- DHANWAY, P.S. KHAIRA, DISTT.- JAMUI Versus 1. THE STATE OF BIHAR THROUGH HOME SECRETARY, BIHAR, PATNA 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, JAMUI 4. THE SUPERINTENDENT OF POLICE, JAMUI 5. THE SUB-DIVISIONAL OFFICER, JAMUI 6. THE CIRCLE OFFICER, KHAIRA BLOCK, DISTT.- JAMUI 7. THE STATION HOUSE OFFICE, KHAIRA, P.S. & DISTT.- JAMUI ----------- 02. 17.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in the application is for full salary for the period of suspension from 25.1.1993 to 13.11.2007 when it has been revoked, less what may have been made as subsistence allowance. Learned counsel submits from the order dated 13.11.2007, that the petitioner was earlier suspended on 25.1.1993. In the proceedings he was absolved leading to revocation of suspension on 11.5.1994. The submission is that, if he was exonerated, he is entitled to his full salary in accordance with law under Rule 97 (2) of the Bihar service Code. Similarly, if he was suspended again in October, 1997, but charges never came to be framed, much less a proceeding held, and the suspension stood revoked without further more, he is again 2 entitled to his full salary for that period. The manner in which the authorities are required to proceed on the issue of suspension/salary upon exoneration is provided for in Rule 97 (2) of the Bihar Service Code. That provision shall equally apply for the period that a Government servant was kept under suspension in contemplation on a departmental proceeding, which was never held and suspension revoked. Since the matter is being disposed off without a counter affidavit, the respondents are directed to consider the claim for salary of the petitioner in light of the provisions of Rule 97 (2) within a maximum period of four weeks from the date of receipt/production of a copy of this order and pass a reasoned and speaking order. If they find justification in his claim, or any part of the claim, necessary consequential benefits by actual payments shall be made to the petitioner within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The application stands disposed. P.K. ( Navin Sinha, J.)