IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1258 of 2011 In Civil Writ Jurisdiction Case No. 8696 of 2009 With Interlocutory Application No. 6202 of 2011 In Letters Patent Appeal No.1258 of 2011. ====================================================== 1. The State of Bihar through the Principal Secretary, Department of Human Resources, Govt. of Bihar, Patna, 2. The Director, Primary Education, Bihar, Patna, 3. The Regional Deputy Director of Education (RDDE), Munger Division, District - Munger, 4. The District Magistrate, Jamui, 5. The District Superintendent of Education – cum – Sub Divisional Education Officer, Jamui, 6. The Block Education Extension Officer, Jhajha, District Jamui, 7. The Treasury Officer, Jamui .... .... Respondents / Appellants Versus Bishundeo Prasad, son of late Gajanand Prasad, resident of Village + PO & P.S. Surajgarha, District Lakhisarai, at present posted as Assistant Teacher in Kanya Primary School Keshopur Anchal, Jhajha, District Jamui. .... .... Respondents / Respondents ====================================================== Appearance : For the Appellant/s : Mr. Vishwambhar Prasad, AC to AAG 9. For the Respondent/s : ---- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 09-09-2011 The State of Bihar and others have preferred this Appeal under Clause 10 of the Letters Patent against the judgment and order dated 30th July 2009 passed by the learned single Judge in above CWJC No. 8696 of 2009. Patna High Court LPA No.1258 of 2011 (2) dt.09-09-2011 2 / 2 2 Feeling aggrieved by the action of the respondents in withholding the salary, the respondent, an Assistant Teacher in Kanya Primary School Keshopur Anchal, Jhajha, District Jamui, filed the above CWJC No. 8696 of 2009 for recovery of arrears of salary. The petition was contested by the appellants. According to the appellants, the petitioner had secured employment on production of forged and fabricated documents. Pending investigation into the alleged misconduct, payment of salary to the petitioner was withheld. The learned single Judge has recorded that no proceeding was initiated against the petitioner for the alleged misconduct of production of forged and fabricated documents. In absence of any adverse order made against the petitioner, his salary could not have been withheld. Learned Advocate Mr. Vishwambhar Prasad has appeared for the appellants. He candidlyadmits that no disciplinary proceeding is initiated against the petitioner nor is he suspended from service. In absence of disciplinary proceeding or criminal proceeding initiated against the petitioner; in view of continuance in service, the petitioner is entitled to the salary. The learned single Judge has rightly allowed the writ petition directing the appellants to pay to the petitioner arrears of salary. No case for interference is made out. The Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)