Ram Payare Prasad v. The State Of Bihar Through Secretary, Health Department Null

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Khurshid Alam Mr. Arun Kumar Bhagat For the Respondent/s : Mr. (Gp16) ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 5 15-03-2012 Petitioner has filed this writ application for a direction to the respondents to pay his full salary minus subsistence allowance of the period of suspension paid to him. His case is that his suspension was withdrawn without initiating any departmental proceeding and no further action was taken by the respondents. Hence, the respondents are legally liable to pay full salary of the petitioner of the period in terms of Rule 97 (2) of the Bihar Service Code. A counter affidavit has been filed in this case from which it 2 Patna High Court CWJC No.8038 of 2010 (5) dt.15-03-2012 appears that the substantial amount of the petitioner has been paid to him. However the petitioner disputes with regard to the amount and claims that certain amount is still due. In the circumstances, this writ application is disposed of with a direction to the respondents to make a final calculation of the dues of the petitioner towards his salary of the suspension period and check up whether any further amount is due to him, or not. If it is found that any further amount is due to him the same shall also be paid to the petitioner, positively within four months from the date of receipt/production of a copy of this order. Petitioner will be at liberty to produce his own calculation of dues before the Civil Surgeon along with a copy of this order to facilitate him to come to a correct figure of the remaining dues of the petitioner. Arvind/- (Jayanandan Singh, J)