Judgment 1. his case relates to payment of salary for the period 6th May, 1969 to 6th July, 1983, during which the petitioner was under suspension. 2. According to the petitioner, he was suspended for one day absence from duty on 6th May, 1969 and ultimately the order was revoked on 4th July, 1983, the petitioner being exonerated. The petitioner joined on 7th July, 1983, whereinafter he continued to receive salary. 3. As the salary of the aforesaid period was not paid and proper fixation of pay was not made, the petitioner continued to file representations, which have been rejected, vide order dated 3rd April, 2000 (Annexure-A). 4. In view of non-fixation of pay, the petitioner is still getting salary in the minimum of the time scale and other benefit like time bound promotion, has also not been granted. For the said reason, prayer has been made for arrears of salary on fixation of pay and for grant of time bound promotion. It is also alleged that the petitioner was not paid any subsistence allowance during the period of suspension. 5. The question as to what salary a person will be entitled for the period of suspension is required to be determined on completion of departmental proceeding in terms with Rule 97 of the Bihar Service Code. If a person is fully exonerated from the charges, normally full salary is allowed in terms with the said Rule. On the other hand, if a person is found guilty and inflicted punishment, the competent authority may pass appropriate order for payment of part salary and/or denying full salary for the period of suspension, except the subsistence allowance. 6. As no decision taken by the Respondents in terms with Rule 97 of the Bihar Service Code and the order dated 3rd April, 2000 has been passed without taking into consideration the question as to whether the petitioner was exonerated from the charges or not, I set aside the order dated 3rd April, 2000 and remit the matter to the D.S.E., Patna to determine the question in terms with Rule 97 of the Bihar Service Code. 7. A decision, in this respect, be taken and communicated to the petitioner within two months from the date of receipt/production of a copy of this order. On such decision, if further amount is found payable, be paid within one month thereof. 8. 7. A decision, in this respect, be taken and communicated to the petitioner within two months from the date of receipt/production of a copy of this order. On such decision, if further amount is found payable, be paid within one month thereof. 8. The Respondent D.S.E., Patna will also fix the pay of the petitioner in the scale, as provided by the State and revised from time to time and on such fixation, if any further amount is found payable, the arrears to be paid within four months from the date of receipt/production of a copy of this order. 9. So far as time bound promotion is concerned, if no promotion is granted to the petitioner, the D.S.E., Patna will place the matter before the appropriate Selection Committee/Establishment Committee, which will determine the question. 10. A decision, in this respect, be taken and communicated to the petitioner within six months from the date of receipt/production of a copy of this order. 11. If any order passed by the D.S.E. is required to be placed before the Establishment Committee, such procedure should be followed. 12. The writ petition stands disposed of with the aforesaid observations and directions.