IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11905 of 2009 Raghunath Gupta, son of Late Ramashis Gupta, Resident of village Shanti Nagar Near I.T.I Factory Road, Bhagawati, Dum Roan of Police Station Sitamarhi, District Sitamarhi Versus 1. The State Of Bihar through its Principal Secretary, National Rural Employment Guarantee Scheme, Government of Bihar, Patna 2. The Deputy Development Commissioner, Forbisganj in the District of Araria 3. The District Magistrate, Sitamarhi 4. The Block Development Officer, Parihar (Sitamarhi) in the district of Sitamarhi 5. Rajeev Shankar, Son of Name not known. The Block Development Officer, Parihar (Sitamarhi) in the District of Sitamarhi 6. The District Magistrate, Araria 7. The Block Development Officer, Farbisganj, in the District of Araria ----------- For the Petitioner : Mr. Ranjan Kumar Singh, Advocate For the State : Mr. R.C.P. Bharti, S.C.14 02/ 10.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner has filed this writ application for a direction to the State- respondents to pay him the arrears of salary for the period from November, 2007 till the date of his joining in the district of Araria as the said salary is not being paid to him in the light of the endorsement made in the L.P.C., bearing 263 dated 18.3.2008, Annexure-1 to this application issued under the signature of the Block Development Officer, Parihar, Sitamarhi directing for recovery of Rs. 4,26,000/- in one instalment. 3. It is submitted on behalf of the petitioner that recovery of any amount from the salary of the government servant amounts to punishing him and such punishment cannot be inflicted on the government servant unless he is proceeded 2 against in terms of the Civil Services (Classification, Control & Appeal) Rules, 2005. 4. I see substance in the submission and, accordingly, direct the District Magistrate, Araria and the Block Development Officer, Forbesganj, where petitioner is presently posted to pay his current salary with effect from October, 2009 and the District Magistrate, Sitamarhi and the Block Development Officer, Parihar, Sitamarhi are directed to initiate a proceeding for recovery of the amount of Rs. 4,26,000/- from the petitioner in which petitioner is at liberty to take his defence that whatever advance was given to him for executing various government scheme, has already been executed and the vouchers showing such execution has already been submitted before the competent authority, which should be considered by the Enquiry Officer and appropriate orders be passed in the departmental proceeding to be initiated by the District Magistrate, Sitamarhi and the Block Development Officer, Parihar, Sitamarhi. The payment of arrears of salary from November, 2007 till September, 2009 shall be subject to the result of the departmental proceeding initiated against the petitioner pursuant to my order. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)