IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1318 of 2009 RAGHUNATH GUPTA, S/O- LATE RAMASHIS GUPTA, VILL- SHANTI NAGAR , NEAR I.T.I. FACTORY ROAD , BHAGAWATI, DUM ROAN OF P.S- SITMARHI , DISTT- SITAMARHI. -------- Petitioner/Appellant Versus 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY, NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, GOVERNMENT OF BIHAR, PATNA. 2. THE DEPUTY DEVELOPMENT COMMISSIONER , FARBISIGANJ IN THE DISTRICT OF ARARIA. 3. THE DISTRICT MAGISTRATE , SITAMARHI. 4. THE BLOCK DEVELOPMENT OFFICER PARIHAR (SITAMARHI ) IN THE DISTRICT OF SITAMARHI. 5. RAJEEV SHANKAR, S/O- NAME NOT KNOWN, THE BLOCK DEVELOPMENT OFFICER, PARIHAR(SITAMARHI ) IN THE DISTRICT OF SITAMARHI. 6. THE DISTRICT MAGISTRATE , ARARIA. 7. THE BLOCK DEVELOPMENT OFFICER, FARBISAGANJ IN THE DISTRICT OF ARARIA. ---------- Respondents/Respondents ----------- For the Appellant :- Mr. Basant Kumar Choudhary, Sr. Adv. Mr. Ranjan Kumar Singh, Adv. Mr. Arvind Kumar, Adv. For the Respondents :- Mr. Lalit Kishore, Sr. Adv. Mr. Piysh Lal, Adv. ----------- 2 23.03.2010 Heard Mr. Basant Kumar Choudhary, learned senior counsel along with Mr. Ranjan kumar Singh and Mr. Arvind Kumar, learned counsels for the appellant and Mr. Lalit Kishore, learned Additional Advocate General-III for the State. In this intra-court appeal, the assail is to the 2 order dated 10.9.2009 passed by the learned single Judge in C.W.J.C. No. 11905 of 2009. It is submitted by Mr. Choudhary that the appellant petitioner, who is a Junior Engineer, is not being paid his arrears and current salary on the ground that he has drawn advance of a sum of Rs. 4,26,000/- though the work was done on the basis of advance availed. It is urged by him that the learned single Judge though has directed an enquiry to be conducted by the District Magistrate, Sitamarhi, the language employed therein may influence the department to initiate a departmental proceeding. Mr. Lalit Kishore, learned Additional Advocate General-III has supported the order passed by the learned single Judge. Having heard learned counsel for the parties, we are only inclined to direct the District Magistrate, Sitamarhi to conduct a preliminary enquiry with regard to the advance paid to the appellant, the work done and reasons for not paying him the arrears as well as the current salary. Needless to say, we have not expressed any 3 opinion on the merits of the stands and stands put forth by Mr. Choudhary. We may further hasten to clarify initiation of a departmental proceeding is within the domain of the employer and, therefore, we refrain from saying anything on that score. The District Magistrate, Sitamarhi will be well advised to conclude the preliminary enquiry for the limited purpose as indicated hereinabove within four weeks from the date of receipt of the order passed today. With the aforesaid modification in the order of the learned single Judge, the appeal stands disposed of. Let a free copy of this order be handed over to Mr. Lalit Kishore, learned Additional Advocate General-III to transmit the same to the District Magistrate, Sitamarhi to do the needful in the matter. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)