Judgment S.N. Jha, J. Heard counsel for the petitioner and the respondent Land Development Bank. The petitioner is aggrieved by the order as contained in Annexure-8 dated 28.1.95 by which he has been placed under suspension with retrospective effect. The short facts, which arc required to be noticed for the disposal of this writ application are as follows. The petitioner was placed under suspension by order as contained in Annexure-4 on 19.1.90 pending disciplinary proceeding order of dismissal was ultimately passed in the proceeding on 9.9.93. The order, however, was set aside by this Court in C.W.J.C. No. 10298 of 1993 on 13.1.95. The impugned order has been passed thereafter. Mr. M.S. Chhabra, learned counsel for the petitioner, submitted that while the disciplinary authority is competent to pass a fresh order in contemplation of departmental proceeding, they cannot make the order retrospective. He submitted on the strength of the decisions of the Supreme Court reported in AIR 1955 Supreme Court 600 and AIR 1974 Supreme Court 1281 that the order of suspension merges in the final order of punishment and where final order is set aside, the order of punishment does not automatically revive. In such cases, no doubt, the disciplinary authority may pass fresh order but the order has to be made effective prospectively. He submitted that an order placing the Government servant under suspension is an administrative order and administrative order cannot be issued with retrospective effect, accordingly he urged that if the order is to be made retrospective that will be contrary to the law, laid down by the Supreme Court as above. The point, in my opinion, is well founded and is covered by the judgment of the Apex Court. I would, accordingly, modify the impugned order of the Administrator, Land Development, Bank (Annexure-8) by directing that the order of suspension will be deemed to be prospective with effect from the date of issue of the order. In other words, the petitioner will be entitled to consequential benefits for the intervening period. This application is, accordingly, allowed in the above terms. Order accordingly.