IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14473 of 2008 Sheo Shankar Kumar, S/o Sri Balgovind Lal Agrawal, Resident of Village & P.O. Rajganj, P.S. Kartas, District Dhanbad, presently posted as Drug Inspector, Rohtas at P.O., P.S. Sasaram, District Rohtas……………………………………………….…………Petitioner Versus 1. The State Of Bihar through its Chief Secretary, Patna. 2. The Commissioner-cum-Secretary, Department of Health & Family Welfare, Government of Bihar, Patna. 3. The Joint Secretary, Drugs Control Administration, Department of Health, Govt. of Bihar, Patna. 4. The Collector, Rohtas, at Sasaram. 5. The Collector, Nalanda, at Biharsharif. 6. The Civil Surgeon-cum-Chief Medical Officer, Rohtas at Sasaram. 7. The Civil Surgeon-cum-Chief Medical Officer, Nalanda at Biharsharif. 8. The Treasury Officer, Nalanda, at Biharsharif. 9. The Treasury Officer, Rohtas at Sasaram………………………………………………………………..……….Respondents ---------------------------------- 3 26.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Initially, petitioner was appointed under the Health Department and was posted as Drug Inspector (Rural) which post he joined on 13.01.2004. Under the orders of the Department, through office order of the Civil Surgeon, Nalanda dated 29.11.2005 as contained in Annexure-2, he was posted as Drug Inspector, Nalanda District. The case of the petitioner is that 2 he continued as such but after he joined as Drug Inspector, Nalanda, he was not paid his salary. Since his office was in the office of the District Magistrate, Nalanda, he obtained his absentee report and filed the same in the office of the District Magistrate from time to time. Still Civil Surgeon, Nalanda, who was the Drawing & Disbursing Officer of the petitioner, did not release his salary. Ultimately, he was transferred, under the notification of the Department dated 30.06.2008, to the post of Drug Inspector in the District of Rohtas at Sasaram. He joined there and after filing of this writ application for payment of salary, respondents have issued L.P.C. and on the basis of the same, he has started getting his salary from Sasaram. Hence, learned counsel for the petitioner now confines prayer of this petitioner in this writ application for payment of salary from November, 2005 to July, 2008 during which period he had functioned as Drug Inspector, Nalanda in the office of the District Magistrate, Nalanda. 3 A counter affidavit has been filed in this case. Apart from other materials, two letters of the Civil Surgeon, Nalanda addressed to the petitioner dated 12.12.2008 and 17.02.2009, which have obviously been issued after filing of this writ application, are annexed as Annexures K and L. Through these letters Civil Surgeon requests the petitioner to furnish relevant documents so that salary of the said period may be released to him. Learned counsel for the petitioner submits that petitioner has already furnished absentee report and other relevant documents in the office of the Civil Surgeon, Nalanda of which he has got the receipts. However, he is ready to furnish the said documents again in the office, as requested by the Civil Surgeon by his two letters. Prima facie, this Court finds that these two letters are lame excuse of the Civil Surgeon for delaying release of salary of petitioner of the period for all these years. Petitioner was functioning as Drug Inspector, Nalanda District in the 4 office of the District Magistrate, Nalanda which office may be at a stone’s throw distance from the office of the Civil Surgeon. What prevented the Civil Surgeon to get absentee reports or any other relevant documents from the office of the District Magistrate directly since 2005 to release salary of the petitioner of the period is beyond comprehension of this Court. Prima facie, therefore, it appears that withholding salary of the petitioner of the said period without any proceeding or without any cogent reason for all these years was a mala fide act on the part of the Civil Surgeon. However, since petitioner agrees to furnish absentee report and other relevant documents in the office of the Civil Surgeon, Nalanda in response to two letters Annexures K and L, he is granted liberty to do it as early as possible as per his own convenience. The moment petitioner furnishes relevant documents and other papers, Civil Surgeon, Nalanda shall examine the same and shall pass orders for release of salary of the petitioner of the 5 period positively within one month from the date of receipt / production of a copy of this order. In case Civil Surgeon delays payment of salary of the petitioner without any specific reasons for the same, he shall be liable to pay interest at the rate of 10% on the quantum of due salary of the petitioner from the next day after expiry of one month period from his own pocket. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)