IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11044 of 2009 MD.NASIM UDDIN & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 27.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Prayer on behalf of the petitioners is for a direction to the respondents to make payment of their arrears of salary since October, 2008 and month to month current salary. Petitioners’ case is that their payment of salary has been stopped on some nonest ground because there is nothing to show that either the petitioners have been put under suspension or any departmental proceeding is pending against them. Further it is submitted that till date no punishment order has been passed against the petitioners restraining payment of salary to them. Petitioner No.1 is the Incharge Headmaster of M.W.E. High School, Munger. Petitioner nos. 2 to 6 are the teachers of this School and petitioner nos.7 and 8 are non teaching staffs. - 2 - On perusal of the documents annexed with the writ petition, it transpires that against the previous Headmaster of the concerned School, namely, Md. Tarak Parwej a departmental proceeding is pending relating to defalcation of Rs.11,00,000/- from the School fund and he is under suspension and petitioner No.1 has been made Incharge Headmaster of that School. The departmental enquiry is not proceeding further, as all relevant documents had been taken away by the previous Headmaster, against whom departmental enquiry has been initiated. Whatever be the reason for non-conclusion of the departmental proceeding, for that the teaching and non-teaching staff of the school as well as Incharge Headmaster cannot be held responsible and punished. Since, they are not responsible for defalcation of any amount or for dis-appearance of the relevant documents, punitive action can not be taken against them. - 3 - Counsel for the petitioners submits that necessary funds for making payment of petitioners’ salary have already been received by the District Education Officer, Munger (Respondent No.5), still payment is not being made. This application is being disposed of directing the District Magistrate, Munger as well as the District Education Officer, Munger to take necessary action for immediate payment of arrears of salary as well as current salary to the petitioners. Payment must be made preferably within a period of three weeks from the date of receipt/production of a copy of this order. (Mridula Mishra,J.) A.Kumar