IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13498 of 2009 DR. KISHORE KUMAR S/O SRI PRASADI SINGH MOHALLA- SADIKPUR YOGI, P.S.- PATRAKAR NAGAR, P.O.- CHITRAGUPTA NAGAR, DISTT.- PATNA AT PRESENT POSTED AS READER, DEPARTMENT OF MATHEMATICS, COLLEGE OF COMMERCE, PATNA ……. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER HIGHER EDUCATION DEPARTMENT OF HUMAN RESOURCES, BIHAR, PATNA 2. THE VICE CHANCELLOR MAGADH UNIVERSITY, BODH GAYA 3. THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA 4. THE PRINCIPAL COLLEGE OF COMMERCE, PATNA ………… RESPONDENTS. ----------- 08/ 29.07.2011 Heard counsel for the petitioner and counsel appearing for Magadh University. Petitioner is the Reader in the Department of Mathematics at College of Commerce, Patna, which is a constituent unit of Magadh University. He is aggrieved as the Registrar, Magadh University, Bodh Gaya has passed an order on 4.9.2008, rejecting his claim for payment of salary withheld from the month of October, 2007 till January, 2009. Petitioner has received his salary since February, 2009 and receiving current salary till date. Petitioner has prayed for quashing of the order dated 4.9.2008 passed by the Registrar, Magadh University, whereby petitioner’s claim for receiving salary for the aforesaid period has been rejected. The 2 reason shown in the order passed by the Registrar, Magadh University for not making payment of salary to the petitioner is that he refuses to put his signature on the attendance register and also he used to disobey the direction in a circular issued from the Chancellor Secretariat that all teachers mandatorily will remain present in College premises, for five hours. On perusal of the order passed by the Registrar, I find that nowhere it has been stated that petitioner is not engaging classes, which has been allotted to him as per the routine prepared by the College. In support of his claim petitioner has annexed monthly progress report of teachers as contained in Annexure-1 series sent by the Head of Department/Principal to the University, which indicates that the petitioner has taken maximum number of classes allotted to him and there is no reason for any complain. The main object behind the resolution taken from the Chancellor’s Secretariat, has not been frustrated by the petitioner. The object behind issuing such guidelines regarding teachers’ presence in College for five hours is obviously for the reason that teachers must engage 3 classes on regular basis and utilize this period for enhancing, their academic and intellectual abilities and would dedicate their time for research papers. No complains have been made against the petitioner, in the order of the University, that he is not discharging his duties as per the U.G.C. guidelines or has refused to engage classes, against the interest of the students. Any employee/teacher, who is discharging his duties, is certainly entitled for salary, unless he refuses to discharge his duties. Even in case of refusal of engaging classes, payment of salary can be withheld only when such allegations have been proved in a departmental proceeding conducted in accordance with law. Nothing has been done in the case of the petitioner. Simply, salary has been withheld by the Principal of the College and the Registrar by passing the impugned order. Such action cannot be treated as just and legal. Since, Rule do not provide that remaining present for five hours in the College premises, is a mandatory requirement, for payment of salary. Respondents could not have withheld petitioner’s salary in an illegal and arbitrary manner. The order dated 4 4.9.2008 passed by the Registrar, withholding payment of salary to the petitioner, is quashed. The Respondent- University and its authorities are directed to make payment of entire arrears of salary withheld from October, 2007 to January, 2009. Payment must be made within twelve weeks from the date of production/communication of this order. This application is allowed. DKS/ (Mridula Mishra, J.)