IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.728 of 2007 Sri Raj Kumar Jaiswal, S/o Late Chhedi Jaiswal, Resident of village- Khanpur, P.O.- Lakshimipur, Via- Mathurapur, P.S. – Pirpainti, District Bhagalpur …. …. Petitioner Versus 1. The State Of Bihar 2. The Chief Engineer, Water Resources Department, Aurangabad 3. The Superintending Engineer, North Koyal Canal Division, Aamas, Shivir (Sherghati), Gaya 4. The Executive Engineer, North Koyal Canal Division Aamas, Shivir (Sherghati), Gaya 5. The Assistant Engineer (Mechanical) North Koyal Canal Division, Aamas, Shivir (Sherghati), Gaya … … Respondents ----------- 02/ 19.07.2011 Heard learned counsel for the petitioner and the State. 2. This writ petition was filed praying, inter alia, to direct the respondents to pay the petitioner arrears of salary for the period between 16.3.1998 till the date of filing of the writ petition. During the pendency of the writ petition, petitioner has been paid arrears of salary for the period 1.4.2000 till 25.5.2001. Arrears of salary for the period 16.3.1998 till 31.3.2000 has not been paid which should be paid to the petitioner within one month from the date of receipt of a copy of this order before Respondent no.4. 3. During the pendency of the writ petition, petitioner has been dismissed from service under order 2 bearing letter No. 2820 dated 22.8.2007, Annexure-15 on the ground that he is absent from his place of duty with effect from 23.5.2001. In this connection, petitioner was served with memo of charge by the Chief Engineer under letter No. 1617 dated 14.5.2007, Annexure-13, in response whereto petitioner submitted his show cause reply dated 2.6.2007, Annexure-14 stating that under office order bearing Memo No. 863 dated 21.5.2001, Annexure-2 petitioner was posted in the North Koyal Canal Division, Aamas Campus, Sherghati and with effect from that date he is continuously serving the office of the Executive Engineer, North Koyal Canal Division Aamas Campus, Sherghati, Gaya. In this connection, counsel also relied on the requisition submitted by the Executive Engineer dated 30.3.2006, Annexure-12 for release of fund for payment of salary to the petitioner for the period between May, 1998 till March, 2007. It is submitted that without considering the aforesaid office order, the requisition and actual attendance of the petitioner at the place of posting, the Chief Engineer passed the impugned office order bearing letter no. 2820 dated 22.8.2007, Annexure-15 dismissing the petitioner from service on the ground of long absence. 3 4. Against the aforesaid order, petitioner has remedy of appeal before the departmental Principal Secretary. Accordingly, the writ petition is disposed of directing the petitioner to avail the remedy of appeal against the office order dated 22.8.2007, Annexure-15 before the Principal Secretary of the department, who should condone the delay in filing the appeal, provided the same is filed within 30 days from today and pass appropriate orders in accordance with law within reasonable time from the date of receipt of the memo of appeal. Arjun/ ( V. N. Sinha, J.)