JUDGMENT :

Heard the learned counsel for the parties.

2. The petitioner has challenged the order dated 03.10.2018 contained in Memo No. 3352 issued under the signature of Special Secretary, Department of Prohibition, Excise & Registration, Government of Bihar whereby, though a decision has been taken to reinstate the petitioner in service but for the period that he was not serving the department, such period having been deemed to be under suspension, 25% of the salary for such period has been withdrawn.

3. Learned counsel for the petitioner has submitted that this decision of the respondent is not in consonance with the provisions contained in Section 13(3) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005.

4. The petitioner was earlier subjected to a departmental proceeding and was served with a punishment of compulsory retirement by order dated 05.02.2016. The aforesaid order was challenged by the petitioner vide C.W.J.C. No. 4509 of 2016 wherein a Bench of this Court vide order dated 09.05.2016 found that the allegation against the petitioner was only of committing mistake in the calculation of stamp duty, causing revenue loss to the State and holding s