Navin Sinha, J.

1. Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was appointed as an Assistant Teacher in a Government Primary School in the Sheikhpura Block known as Uchya Prathmic Vidyalaya, Kare on 23.2.1972 on the post of Trained Teacher. He continued to impart education to the students of the School and was being paid his salary till the same was suddenly stopped in the year 1999. The petitioner came to this Court in CWJC No. 1228 of 2003 aggrieved by the order of stoppage of his salary when a defence was taken on behalf of the Sate that his appointment was suspected to be fake. A Bench of this Court relying on a Division Bench of this Court held that salary could not be denied unless and until an employee is placed under suspension or fails to respond to notice in a finding of illegality in appointment. It was further noticed that by order of stoppage of salary the persons concerned had been directed to submit their mark sheet, certificate etc. for the purpose of verification. It was, therefore, directed that till end of enquiry salary could not be stopped except where suspension takes place with a liberty that sala