IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12985 of 2009 BRAJESH NANDAN SINGH s/o lae Thakur Ram BilashSingh, resident of Ram Bilash Bhawan Ram Bag Road, P.O.- Ramna, District- Muzaffarpur,Bihar. Versus 1.UTTAR BIHAR GRAMIN BANK through its Head Office, Kalambag Chowk , P.O. & P.S.-Muzaffarpur,Bihar, Pin Code No. 842001. 2. The Chaiorman-cum- Disciplinary Authority, Uttar Bihar Gramin Bank , Kalambag Chowk , P.O. & P.S.- Muzaffarpur,Bihar, Pin Code No. 842001. 3. The Area Manager,Uttar Gramin Bank through Controlling Office at Madhubani,Parishad Bazar, P.O. and P.S. Madhubani, District- Madhubani,Bihar, Pin Code - 847211. ----------- For the Petitioner : M/s Vijay Shankar Shrivasava and Pankaj Kumar For the Respondent : Mr. Prabhakar Jha 2 7.10.2009 Petitioner was an employee of Madhubani Kshetriya Gramin Bank now Uttar Bihar Gramin Bank. A disciplinary proceeding was initiated against him. After enquiry substantially no charge was proved against him. The disciplinary authority differed and issued a show cause to the petitioner. On consideration of show cause, punishment was awarded to the petitioner. Petitioner filed an appeal. The Appellate Authority has modified the punishment. The petitioner is aggrieved by the punishment, as given. Having heard learned counsel for the parties and with their consent this application is being disposed of at this stage itself. The punishment that has been awarded is Censure , reduction of one increment in the time scale of pay for one year, recovery of Insurance Premium paid for insuring and NPA account and lastly that petitioner would not be paid his pay and allowances for 2 the period under suspension. So far as recovery of Insurance Premium in respect of NPA account is concerned, petitioner has a valid reason. He submits that insurance is for the assets. If the assets of NPA account are not insured that would damage the Bank more than what would be the result otherwise. The account itself is NPA. If the assets are not insured the Bank would suffer more than what ordinarily it would. It was thus in the best interest to get those assets insured. In my view, the reasoning of the petitioner is logical, legal and clear. The insurance premium cannot be recovered from the petitioner. It was then contended that there being no another punishment imposed, the order depriving petitioner of his pay and allowances for the period of suspension in terms of Regulation 46 is not sustainable. For the said purpose reliance was placed on a Division Bench judgment of this Court in the case of Kamla Prasad –v- High Court of Judicature at Patna & ors. since reported in 2009(3) PLJR 15. In my view the said decision has no application and is clearly distinguishable inasmuch as the Division Bench held that only punishment if at all being warning, which is no punishment , the emoluments of suspension period cannot be with-held. Here, in the present case, admittedly, apart from other, there is a punishment of Censure. That being so, the order with- holding pay and allowances for the suspension period cannot be said to be paid on that ground. Further a reference to Regulation 46 of the Madhubani Kshetriya Gramin Bank (now Uttar Bihar Gramin Bank) would clearly show that it consists two parts. First part gives authority 3 to the disciplinary authority to pass order in relation to pay and allowances during the period of suspension. In the last part it says that the period of suspension unless employee is removed or dismissed from service would be treated as period spent on duty. The two parts are independent . One provides to pass order in relation to pay and allowances during the period of suspension on conclusion of the departmental proceeding, which is by way of punishment and the other later part provides for continuity of service without break unless otherwise so ordered by the disciplinary authority. The later part cannot be referred to for the purpose of claiming full pay and allowances. Thus, this point, as urged is not valid and cannot be sustained. In the result, the writ petition is disposed of as indicated above. Singh (Navaniti Prasad Singh, J.)