IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3153 of 2010 1. MD.MOINUDDIN S/O LATE MD. ABDUL HASSAN R/O ABDIN HOUSE, 2 ND FLOOR, FRAZER ROAD, P.S.- KOTWALI, P.O.- G.P.O. DISTT.- PATNA- 800001 Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY WATER RESOURCES DEPTT. GOVT. OF BIHAR, PATNA 3. THE UNDER SECRETARY WATER RESOURCES DEPTT. GOVT. OF BIHAR, PATNA 4. THE CHIEF ENGINEER ( MECHANICAL ) WATER RESOURCES DEPTT. PATNA 5. THE SUPERINTENDING ENGINEER, IRRIGATION MECHANICAL CIRCLE MEETHAPUR, PATNA 6. THE EXECUTIVE ENGINEER, FIELD MACHINERY DIVISION BARARI, BHAGALPUR ----------- 2/ 06/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. It is fairly acknowledged that the arrears of salary have partly been paid except for the period 9.6.2004 to 19.6.2004 and 20.6.2005 to 7.7.2005. The petitioner is stated to have superannuated on 30.6.2008. It is submitted that before his superannuation no show cause notice was ever given to him for any periods of alleged unauthorized absence. Learned counsel for the State from paragraph- 18 of the counter affidavit points out that the petitioner had submitted a leave application dated 21.5.2008 when he was directed to submit his leave application through proper channel. - 2 - The counter affidavit unfortunately confronts the Court with its conclusions and does not consider it necessary to annex necessary documentary evidence also. The letter dated 21.5.2008 alleged to have been written by the petitioner has not been annexed. Paragraph-18 of the counter affidavit does not find any reference in the affidavit affirmance portion at paragraph- 19. The letter dated 21.5.2008 mentioned in paragraph-18 of the counter affidavit is annexure-6 to the writ application. It is not a leave application, as is suggested in paragraph-18 of the counter affidavit. In absence of any averment in the counter affidavit that a show cause notice was ever given to the petitioner in his service tenure for any alleged absence during the period noticed above, this Court considers it proper to direct that the salary of the petitioner for the period 9.6.2004 to 19.6.2004 and 20.6.2005 to 7.7.2005 be paid to him within a maximum period of eight weeks from the date of receipt/presentation of a copy of this order. The application stands allowed. KC ( Navin Sinha, J.)