IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2634 of 2007 HIT NARAYAN YADAV, SON OF LATE RAM LAKHAN YADAV, RESIDENT OF VILLAGE AND POST NER, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR GENERAL, PROSECUTION, BIHAR, PATNA. 3. THE DISTRICT PROSECUTION OFFICER, AURANGABAD. 4. THE SECRETARY, HOME(POLICE) DEPARTMENT, GOVT. OF BIHAR, PATNA. ---------------- 02. 30.08.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Peon in the District Prosecution office, Aurangabad. He has filed this writ petition for payment of arrears of salary for November, 2004 onwards. 3. It is submitted on behalf of the petitioner that he was appointed by the Director, Consolidation, Bihar, Patna and later his services were transferred to the office of the Director, Prosecution, Bihar, Patna. There was no difficulty until October, 2004 and petitioner was paid his salary, whereafter on account of some dispute between the officers posted in the district prosecution office his salary could not be paid. In this connection, 2 petitioner represented before the District Magistrate, Aurangabad who wrote letter no.178 dated 13.06.2006 to the Director, Prosecution, Bihar, Patna. It is submitted on behalf of the petitioner that even after request made under letter dated 13.06.2006 for release of salary of the petitioner, his salary was not paid, as such, he filed the present writ petition. 4. By filing counter affidavit the District Prosecution Officer, Aurangabad, respondent no.3 has not disputed the fact that petitioner is a regular employee. In the counter affidavit, however statement has been made that on account of unauthorized absence of the petitioner he could not be paid his salary from November, 2004. 5. If petitioner remained under unauthorized absence he was required to have been proceeded against. Without initiating any proceeding for unauthorized absence as also for punishing him for such unauthorized absence, in my opinion, the salary of the petitioner cannot be withheld. In the circumstances, I direct the petitioner to appear before the Director, Prosecution, Bihar, Patna, who should 3 ensure that the arrears of salary of the petitioner is paid, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Director, Prosecution. For unauthorized absence the authorities are at liberty to initiate proceeding and pass appropriate orders. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)