(1.) We have heard Mr. Amrendra Arya, in person, who is the son of late Smt. Vidya Sinha - original petitioner, Mr. Mrigank Mauli, Amicus Curiae, assisted by Mr. Prince Kumar Mishra and Mr. Sanket, learned Advocates and Mr. S.D. Yadav, learned Additional Advocate General-9 assisted by Mr. Rajeshwar Singh, G.A.-10, on behalf of the State.
(2.) This case has been referred before this Full Bench in view of the order dated 24.07.1996, though in this order no term of reference has been mentioned, but the order reflects that the Division Bench was of the view that where a Government servant, against whom a departmental proceeding has been initiated, is entitled to full pay and allowances during the period of his suspension, if he is ultimately exonerated. If that be so, without concluding a departmental proceeding, it would be arbitrary to deprive him of his full pay and allowances during the period of suspension under Rule 97(3) of the Bihar Service Code. If the disciplinary proceeding is rendered infructuous by reason of the fact that the concerned Government servant superannuates from the service, the order of suspension must also go and the Government servant concerned will be entitled to full pay and allowances for the period during which he was placed under suspension. So, the order is summarized in three parts, are as follows:-
(3.) Before adverting to answer the proposed questions framed hereinabove, it will be proper to concisely deal with the facts of the present case. As the facts are taken from the original writ petition, so everywhere, she will be addressed as original writ petitioner.
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