IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7454 of 2005 RAM MURAT GOPE, son of Jogi Gope, resident of village – Neura, Police Station – Kutumba (Amba), District – Aurangabad. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The Home Secretary, Home Department (Police), Government of Bihar, Patna. 3. The District Magistrate, Aurangabad. 4. The Superintendent of Police, Aurangabad. 5. The Officer-in-incharge, Kutumba Police Station, District – Aurangabad. ----------- 03. 26.8.2010 The impugned order contained in Annexure-1 dated 8.6.2005 is under challenge in the present writ application. This is a speaking order which has been passed by the District Magistrate, Aurangabad on the basis of a direction earlier issued by the High Court in CWJC No.5225 of 2002. The High Court had categorically recorded that in view of the disputed question of fact involved it was not possible for the High Court to give any direction for payment of salary for the period 1.7.1998 to 30th June, 2000. The matter was therefore remitted to the District Magistrate to take a decision on due verification. From the reasoned order it is evident that the petitioner was given a personal hearing. He was given fullest opportunity to prove that he was on duty between 1.7.1998 to 30.6.2000. Except for a few sketchy shadowy kind of material there was no clinching evidence of his having worked in that period. In fact a detailed report of the Superintendent of Police, Aurangabad also certifies that the petitioner was absconding between July, 1998 till 30th June, 2000 and the findings recorded by the District Magistrate in the above circumstances cannot be interfered with on spacious consideration that since the petitioner had 2 become a government servant, he ought to have departmentally dealt with for absconding from duty. Merely because the respondent authorities had not been strict and extra vigilant in control over the subordinates, it does not mean that the petitioner has got a right to claim salary which rightfully did not belong to him. The writ application is misplaced. It is dismissed. rkp ( Ajay Kumar Tripathi, J.)