IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19197 of 2010 UMESH PRASAD SINHA, SON OF LATE ANANDI PRASAD THAKUR, RESIDENT OF I.G. COLONY, BHAGWAN CHOWK, P.S. MUZAFFARPUR SADAR, DISTRICT- MUZAFFARPUR, PRESENTLY WORKING AS ASSISTANT ENGINEER, TUBE WELL SUB- DIVISION,PUSA, DISTRICT-SAMASTIPUR. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINJCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, IRRIGATION BUILDING, PATNA. 3. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL SECRETARY-CUM- SPECIAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, IRRIGATION BUILDING,PATNA. 4. THE SUPERINTENDING ENGINEER,GANGA SONE FLOOD PROTECTION CIRCLE, PATNA. 5. THE EXECUTIVE ENGINEER, SONE CANAL DIVISION, KHAGAUL, PATNA. 6. THE EXECUTIVE ENGINEER, GUBE WELL DIVISION, SAMASTIPUR. 7. THE SUB-DIVISIONAL OFFICER,SONE CANAL SUB-DIVISION, BIKRAM, DISTRICT- PATNA. ……………..RESPONDENTS. ----------- 2. 10.12.2010 Petitioner has filed this writ application for a direction to the respondents to release his salary of the month of November 2008. It appears that the petitioner did not intimate his whereabouts in the month and hence he was not paid his salary. A Show cause was also issued to him by the Executive Engineer Sone Canal Division, Khagaul, Patna to which he has replied. Learned counsel for the petitioner has placed before this Court a letter of the Sub-Divisional Officer Sone Canal Division dated 18.2.2009 (Annexure-6), from which it 2 appears that some enquiry was held and it was found that though the petitioner did not remain in contact in the month but was not absent from duties and was on field work and was performing his official duties. Since in spite of explanation filed by the petitioner no final order has been issued, this Court directs him to file a representation before the respondent Executive Engineer within two weeks from today, which the Executive Engineer shall consider and pass final orders in respect of release of his salary of the said month positively within one month thereafter. If the Executive Engineer finds any other reason for withholding the salary of the month, he shall assign specific reasons for the same and communicate to the petitioner. In that situation he shall also consider whether under the law without any appropriate proceeding salary of the petitioner of the month can be forfeited or not. The writ application is disposed of with the aforesaid observations and directions. Devendra/ ( J. N. Singh, J.)