IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13404 of 2009 VISHWANATH PATHAK Versus THE STATE OF BIHAR & ORS ----------- 2. 15.10.2009 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension by order dated 8.12.2008. Noticing that the allegations were with respect to an event of 1990-91, this Court on a challenge made in CWJC No. 1101 of 2009 quashed the order of suspension. The petitioner then represented for his salary for the period of suspension. The impugned order dated 15.7.2009 came to be passed that the salary for the period of suspension shall be decided in the departmental proceedings. The employer while deciding to hold a departmental proceeding may or may not suspend an employee. If he remains under suspension, the disciplinary authority will pass appropriate orders of the manner in which the period of suspension will be treated. If he is not under suspension, the question of passing any order of the manner in which period of suspension is to be treated does not arise. Once this Court held the suspension to be unjustified and quashed it, the petitioner stood in the category of a person against whom there was no suspension order and only a departmental proceeding. The order dated 15.7.2009 declining him salary is in 2 the teeth of the order of this Court in the writ application aforesaid. The order dated 15.7.2009 is virtually contemptuous. The writ petition is disposed with direction to the Respondents to pay salary of the petitioner for the period of suspension i.e. 8.12.2008 to 15.7.2009 within a period of two months from the date of receipt and/or production of a copy of this order. AKS/ (Navin Sinha, J.)