Rajiv Roy, J.—Two writ petitions have been preferred by the petitioner. The first writ petition being CWJC No. 4937 of 2011 has been preferred for the grant of following reliefs:—

(i) to issue a writ in the nature of certiorari to quash the order passed on administrative side by the Standing Committee of Hon'ble Patna High Court under Rule 43b of Bihar Pension Rules 1950, whereby and where under 5% pension admissible to Petitioner has been deducted for ever and period of suspension has been directed to be treated as such', communicated under memo no. 14452 dated 25.09.10;

(ii) to issue a consequential writ in the nature of mandamus directing and commanding the respondent authorities to treat the period of suspension of the Petitioner on duty for all practical purposes and grant all its consequential benefits flowing out of the same i.e. to pay full salary together with admissible allowances i.e. D.A. M.A. HRA, sumptuary allowance, fuel allowance, newspaper allowance, library allowance etc;

(iii) to issue further a consequential writ in the nature of mandamus directing and commanding the respondent authorities to count the period of suspension for calculating pension together with earned leave and make payment of full pension along with 4th slab of the leave encashment as well as the post retiral leave encashment for the remaining period (300- 265 = 35 days) of the leave earned.

2. The second writ petition, CWJC No. 4749 of 2011 has been filed for grant of following reliefs:—

(i) to issue a writ in the nature of certiorari to quash the Hon’ble Patna High Court’s notification no. 254A dated 10.07.2006 communicated vide memo no. 6643-47 dated 11th July, 2006 whereby the super-time scale of pay granted to the petitioner under Hon’ble Court’s notification no. 233A dated 23rd June 2006 has been recalled;

(ii) to issue a consequential writ in the nature of mandamus directing and commanding the respondent authorities to restore the petitioner’s promotion to Super Time Scale with consequential benefits.

3. The short facts of the case leading to the writ petitions is/are as follows:—

4. On the basis of the outcome of 22nd Combined Competitive examination (15th Judicial Service) conducted by the Bihar Public Service Commission (henceforth for short ‘the BPSC’), the petitioner was appointed and posted as the Judicial Magistrate at Darbhanga on 1.4.1975. In due course, he was promoted to the 'Bihar Superior Judicial Service' and posted as an Additional District & Sessions Judge, Muzaffarpur in the month of March, 1990.

5. He was confirmed in the Bihar Superior Judicial Service w.e.f. 19.10.1992 and promoted to the Selection grade Cadre on 16.12.1999 with retrospective effect from 1.2.1997. Later, the petitioner was appointed as the District and Sessions Judge in the year 2001 and then as the Member Secretary, Bihar State Law Commission. This was followed by his posting as the Director of the Bihar Judicial Officers' Training Institute, Patna (now the Bihar Judicial Academy).

6. It is his case that Sri Bipin Bihari Varma, the then District Judge, East Champaran, Motihari and the cousin brother of one Mr Yogesh Chandra Varma, an Advocate with whom the petitioner and his family were having strained relationship conspired against him.

7. Thus, when on an allegation petition sent by one Md. Azhar to Patna High Court, the Court sought report from the District Judge, Motihari; Mr. B.B. Varma instead of examining the truthfulness of the allegations submitted biased report against him on the basis of non-existent facts.

8. Thereafter, the Standing Committee of Patna High Court in its meeting dated 06.07.2006 took a decision to put the petitioner under suspension in anticipation of a disciplinary proceeding, communicated to him vide memo no.6631-33 dated 10.07.2006. The Super time scale granted to him earlier too was recalled vide memo no. 6643-47 dated 11.07.2006. This followed the memo no. 9925 dated 25.09. 2006 serving him the memo of charges.

9. The petition