IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3545 of 2009 SURESH SAO @ SURESH SAH Versus THE STATE OF BIHAR &ORS ----------- 2 24.3.2009 Heard counsel for the petitioner and counsel for the State. In the opinion of this Court, the impugned order passed by the District Superintendent of Education (D.S.E.), Jamui dated 18.12.2004 (Annexure-2), cannot be sustained by a court of law, inasmuch as, if a person is appointed and is continuing in service, his payment of salary cannot be stopped only on the ground of pendency of an enquiry against him. It is a different thing that stoppage of salary is also a punishment under the relevant Discipline Rule but then for inflicting such punishment, the requirement of the disciplinary rules has to be followed. In the present case, there does not seem to any dispute had been conducted by the D.S.E., Jamui no enquiry for the purpose of withholding the salary of the petitioner. Consequently, this Court would direct the District Superintendent of Education, Jamui to immediately take necessary steps for 2 payment of salary of the petitioner for the period of work done by him and get the entire case of the petitioner placed before the District Education Establishment Committee which being the appointing authority will pass a final order both with regard to the continuation of the petitioner in service as also payment of salary within a period of three months from the date of receipt/production of a copy of this order. It goes without saying that if for any reason the petitioner’s services is also to be dispensed with, the petitioner’s salary for the period of work done by him will still have to be paid and therefore, the respondents must take a clear independent decision as with regard to the payment of his salary within the aforesaid period and also make payment of admitted amount of salary within the same period. With the aforementioned observations/ direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)