IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7637 of 2010 Jagannath Prasad Yadav, son of Munshi Pd. Yadav, Resident of Village Maduahan Brit, Police Station Rajepur, District East Champaran, at present posted as Chakbandi Amin at Chakbandi Office, Kateya, District Gopalganj…………………………………………………………..Petitioner Versus 1. The State Of Bihar. 2. The Director, Consolidation, Bihar, Patna. 3. The Deputy Director of Consolidation, Siwan. 4. The Chakbandi Officer, Kateya, District Gopalganj. 5. The Chakbandi Officer, Bibhutipur, Samastipur. 6. Sri Chet Narayan Rai, S/o not known to this Petitioner, the then Circle Officer-cum- Chakbandi Officer, Bibhutipur, Anchal, District Samastipur…………………………..Respondents ----------- 3 21.04.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for release of his salary of the period from June, 2007 to 18.10.2009. From the record it appears that petitioner, while working as Amin in the Consolidation Office, Bibhutipur, was transferred to Consolidation Office, Kateya in the district of Gopalganj by order dated 22.06.2007. Thereafter, there is controversy with regard to his relieving and joining due to which he was not paid his salary. Finally, he started getting his salary from 19.10.2009 2 onwards. Learned Government Advocate No.1 submits that in spite of the transfer order, petitioner delayed his joining and submission of charge on account of which his salary of the said period has not been paid. However, it is settled that an order withholding of salary of an employee permanently cannot be passed without holding a proceeding and giving any show cause notice to him. The facts appearing on record do not satisfy this Court to issue any mandamus for release of salary of the petitioner of the period at this stage. However, in case the respondents decide to deny the petitioner’s salary of the period permanently, they shall proceed in the matter in compliance with Principles of Natural Justice and pass appropriate orders in accordance with law. The writ application is disposed of. BT (J. N. Singh, J.)