IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5236 of 2009 Kashinath Chaubey Versus The State Of Bihar & Ors ----------- 2/ 25/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. The relief sought by the petitioner is for full salary for the period of suspension from 1.10.1983 to 27.4.1984, from 28.7.1984 to 30.9.1984. The petitioner is stated to have retired from the post of Sub-Inspector, District Police Force at Jehanabad on 1.5.2003. The impugned order dated 26.1.1985 states that the arrears shall be paid to him after he vacates the government quarter from the pool of the Bhagalpur Railway Police. There is no statement in the writ petition that the petitioner has vacated the quarter. However, it is submitted on his behalf at the Bar that he has in fact vacated the quarter. No counter affidavit has been filed on behalf of the respondents despite service of two copies of the writ application as far back as 10.4.2009. No useful purpose is going to be served by keeping the writ application pending. It is accordingly disposed with direction to the Superintendent of Police, 2 Railways at Jamalpur to examine the facts of the case and if the petitioner has vacated the government quarter, as was submitted on his behalf, there may be no justification for withholding the dues in terms of the order dated 26.1.1985. Let such appropriate consideration be done and necessary orders along with consequential payments, in accordance with law, be passed within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)