1. This is a petition under Article 226 of the Constitution of India to quash the resolution of the Bihar State Electricity Board dated 21.10.1992. contained in Annexure 10 to the amendment petition whereby the petitioner has been punished with an order of dismissal from service of the Board and further he will not be paid any amount other than subsistence allowance for the period he was under suspension nor the period of suspension will be treated as on duty for the purpose of salary.

2. It would be relevant to mention, initially this writ petition was filed for quashing the order of suspension including the main departmental proceeding.

3. It appears, at the relevant time, the petitioner while serving the Board as Junior Engineer, Mithila Area Electricity Board, Darbhanga, was arrested by the Police in connection with Bengabad P.S. Case No. 84 dated 6.9.1981, registered under sections 379, 414 and 411 I.P.C. Therefore, the Board vide office order No. 285 dated 22.1.1992, placed the petitioner under suspension under the provisions of Rule 99 of the Bihar Service Code.

4. Subsequently, on 5.6.1992, basically two charges were framed (i) on the ground of initiation of the cri