IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.306 of 2011 MAHENDRA PRASAD SINHA S/O LATE NOKHELAL SINGH R/O VILLAGE- MAKKANPUR, PO- JANDAHA, PS- MAHNAR, DISTT- VAISHALI, AT PRESENT HEAD MASTER, MIDDLE SCHOOL RUPSIPUR, MAHNAR (VAISHALI) ------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 3. THE REGIONAL DEPTY DIRECTOR OF EDUCATION, TERHUT DIVISION, MUZAFFARPUR 4. THE DISTRICT EDUCATION SUPERINTENDENT, VAISHALI AT HAJIPUR 5. THE RANGE EDUCATION OFFICER, MAHNAR 6. THE BLOCK DRAWING & DIBURSING OFFICER, MAHNAR BLOCK, MAHNAR---------------------------------RESPONDENTS ----------- 2 19.4.2011 Heard learned counsel for the parties. Nature of dispute and the veracity of the statement having been made by the petitioner in reply to counter affidavit cannot be certified to be correct or incorrect. This is a matter which is required to be looked into by respondent no.4. There is a clear assertion that the petitioner has given full charge, has submitted the D.C. bills as well as completed construction of the school, details whereof have been annexed along with the reply to counter affidavit filed today. The primary reason why the salary of the petitioner was stopped has been stated in the earlier part of the order. This fact also seems to be borne out from the stand taken by the District Superintendent of Education in the counter affidavit filed on behalf of respondent no.4. This writ application is disposed of with a direction upon the District Superintendent of Education, Vaishali that if the petitioner tenders the evidence to him which have been furnished to the Court by way of reply to counter affidavit on all - 2 - these aspects then the District Superintendent of Education would be well advised to pass a direction for payment of salary to the petitioner which has not been done for the reasons which compelled the respondents to pass such an order. If the compliance is there, the District Superintendent of Education will ensure that the salary of the petitioner would be released within a period of eight weeks from the date of production of a copy of this order along with the evidence thereto. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)