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4. The petitioner has reportedly retired from service under suspension. He has also been convicted in three R.C. Cases bearing R.C. 77(A) of 1996, R.C.33(A) of 1996, R.C.43(A) and R.C.44(A) of 1996 which arose from the criminal cases registered in the year 1996 in relation to Fodder scam cases. It is the case of the appellant -State of Bihar that reinstatement in service pursuant to quashing of the dismissal order by the learned Single Judge in CWJC No.11470 of 1996 did not entail full exoneration of the petitioner from the serious charges of financial irregularity. Therefore, setting aside of the dismissal order could not be perceived as entitlement to back-wages in an automatic manner.

5. The claim for back-wages is dependent upon the outcome of the disciplinary proceeding and is guided by the provisions of Rule 97 (2) and (3) of Bihar Service Code (now Jharkhand).

6. Learned counsel has relied upon the judgments passed by the learned Single Judge of the Patna High Court in CWJC No.8342 of 1997 dated 6th November, 1997, CWJC No.735 of 1998 dated 27 th February, 1998 and CWJC No.5599 of 1996 dated 20 th February, 1998. In those cases also, similar dismissal orders of employees of the same department involved in Fodder scam cases, were under- challenge.