IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15194 of 2009 Krishna Singh, son of Late Raj Nandan Singh, resident of village Barhona, P.S. Hisua, District- Nawada, at present posted as Assistant Teacher, Hasanchak Primary School, Gondar Bigha, P.S. Hisua, District- Nawada ………. Petitioner Versus 1.The State Of Bihar through the District Magistrate, Nawada 2.The District Education Superintendent-cum- District Program Coodinator, Nawada 3.The Block Education Extension Officer, Meskaur, Nawada ………… Respondents ----------- 3. 21/09/2010 Heard learned counsel for the petitioner. No one appears for the State. Petitioner has challenged the letter of the respondent District Superintendent of Education dated 6.7.2009, as contained in Annexure-3, by which, on account of non- submission of some explanations, payment of salary of the petitioner has been suspended. Learned counsel for the petitioner points out that petitioner has already filed his explanation to the District Superintendent of Education, copies whereof are Annexures-4 and 5. However, till now, no final orders have been passed in the matter and petitioner is not being paid his salary since last more than a year. Salary of an employee can be stopped only in accordance with law and only if 2 departmental proceeding is contemplated or initiated against him. There also, he can be put under suspension only with entitlement for payment of subsistence allowance. Record does not show that anything like that has been done. However, since no counter affidavit has been filed till now inspite of opportunity granted by order dated 16.2.2010, this Court directs the District Superintendent of Education, Nawada to pass final orders in the matter within one month from the date of receipt/production of a copy of this order. In case, no action is initiated against the petitioner in accordance with law within the said period, petitioner shall be entitled for his salary, arrears as well as current, from the next day of completion of said one month. In that event, arrears of salary of the petitioner must be paid within one month thereafter. The writ application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)