IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.70 of 2008 SIDHNATH BHARTI Versus THE STATE OF BIHAR & ORS ----------- 2/ 09/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The claim in this writ application is for arrears of salary from 6.12.2005 till date for which the writ application was filed in January, 2008. It is the assertion of the petitioner that he is still working. Paragraph-4 of the writ application itself acknowledges that he was appointed by respondent No.4 with permission of respondent No.2 “in special circumstances”. Perhaps, the disclosure made by the petitioner himself of the precarious nature of his appointment carries its own significance. It is the next submission that his service book was also opened. Learned counsel for the State from the counter affidavit urges that the appointment was illegal. The additional ground urged is that the appointment letter itself is forged. On the one hand, the petitioner claims an appointment in special circumstances and the opening of his service book, when he stakes his claim for salary, 2 on the other hand the counter affidavit filed today states that his appointment is forged. In between the question arises if he has physically worked during any period in question or not? If he has physically worked on an illegal appointment, the Government shall certainly not be liable to pay salary. The question will still remain whether appointment was made by a Government functionary or not. If it was factually made wrongly the person appointing shall be required to be dealt with appropriately both in civil and criminal law and insofar as the salary for any such period is concerned, it shall have to be paid by making deduction from the salary of the erring official concerned. The writ application is disposed with the aforesaid directions to be decided by the Principal Secretary, Human Resources Development Department within a maximum period of four months from the date of receipt/production of a copy of this order before him after hearing all concerned by a reasoned and speaking order, both with regard to the petitioner and those who made such appointment. The order shall have to be reasoned and speaking after examination of all necessary official records. The application stands disposed. KC ( Navin Sinha, J.)