IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5171 of 2002 JANARDAN PRASAD YADAV son of Late Mogal Pd. Yadav, resident of village Chakla (Sukhasan), Police Station and District- Madhepura. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director Primary-Education, Bihar, Patna. 3. The District Magistrate, Madhepura. 4. The District Superintendent of Education, Madhepura. 5. the Treasury Officer, Madhepura. … Respondents. ----------- 4. 07.07.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner made in this writ petition reads as follows:- “(i) For issuance of a writ in the nature of Mandamus directing and commanding the respondents to pay the petitioner arrear of difference of his salary immediately without any further delay. (ii) For issuance of an appropriate writ directing and commanding the respondents to pay the petitioner interest at market for the period during which arrear of difference of salary of the petitioner either has not been paid or is not being paid to the petitioner.” Earlier this matter was heard and the respondent- State was directed to take a firm stand as with regard to paragraph 11 of the reply filed by the petitioner 2 to the counter affidavit filed by the State. Paragraph 11 of the reply to the counter affidavit reads as follows: “11. That the statement made in paragraph nos. 7 and 8 needs no comment except that although vide order dated 29.3.2001 (Annexure-5) the fund was made available to the Treasury and Rs.3,98,000.00 was released for payment to the petitioner, however, the then Headmaster of the Middle School, Tema Bhela, Udakishunganj to which the school was tagged, did not sing the bills and due to which the Treasury did not make payment and on 31.3.2001 the fund was allowed/made to lapse.” Counsel for the State also is not in a position to say anything else except that the District Superintendent of Education vide his letter dated 20.3.2010 had called for an explanation from the Drawing and Disbursing Authority with regard to reason for non-payment of arrears of salary of the petitioner. The whole concept of decentralizing the power of Drawing and Disbursing authority, earlier vested in the District Superintendent of Education was only to ensure timely payment of salary to the teachers. It however appears that such authorization and delegation of power to the headmasters has been of no avail and in fact has become counter-productive. It is thus high time that the 3 District Magistrate, Madhepura in capacity of Chairman, District Education Establishment Committee either by himself or through the whole Committee should review the whole matter and take strong deterant action against the erring Headmasters vested with the power of drawing and disbursing authority. For the present, this Court would direct the District Magistrate, Madhepura to hold enquiry and find out the reason for non-payment of admitted claim of the petitioner. If it is found that any one either the headmaster or the District Superintendent of Education or even one else was responsible for such non-payment of salary and emoluments of the petitioner, he would take immediate disciplinary action against them either himself or by reporting the matter to the State Government. In the event, the District Magistrate would find any such amount also payable to the petitioner, he would also ensure its prompt payment to the petitioner but if he would find that no payment is admissible to the petitioner, he would record his reasons in his order and would communicate the same to the petitioner within a period of six months from the date of receipt/production of a copy of this order. 4 With the aforementioned observations and directions, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)