IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5806 of 2007 Chandeshwar Prasad, son of late Ramdeo Bhagat, resident of Village Sapahuan, P.S. Gourichak in the district of Patna. -------- Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Health, Govt. of Bihar, Patna. 2. The Director-in-Chief, Health Services, Govt. of Bihar, Patna. 3. The Regional Deputy Director, Health Services, Magadh Division, Gaya. 4. The Civil Surgeon cum Chief Medical Officer, Nawadah. 5. The In-charge Medical Officer, Primary Health Centre, Rajauli in the district of Nawadah. -------- Respondents ----------- 2 12.09.2011 Heard learned counsel for the parties. In this case the petitioner in paragraph no. 6 of the writ application has claimed that his payment of salary has been withheld from 8.10.1993 to 14.10.1997 and also from June, 2005 to 13.1.2006. There is however no explanation in this writ application as with regard to much belated claim for payment of salary of the petitioner for the period October 1993 to October, 1997. This writ application was infact filed by the petitioner on 2.5.2007 and, therefore, the part of cause of action being of the year 1993 to 1997, this Court could have easily dismissed the same on the ground of delay and 2 laches but learned counsel for the petitinoer has himself submitted that he would not press for a direction for payment of salary for the period January 1997 to October 1997. In view of the above the remaining prayer of the petitioner gests confined to a direction for payment of his salary June 2005 to 13.1.2006. In the counter affidavit, which has been filed today, the respondents have explained that the payment of salary of the petitioner for the month of June, 2005 to December, 2005 and again from the month of January, 2006 to April, 2007 has been made on 5.9.2011 and 13.9.2007 respectively. This Court would find that the petitioner had moved this Court earlier in CWJC No. 899 of 2007, wherein, a direction was given by this Court in the order dated 22.3.2007 that the payment of subsistence allowance of the period of suspension should be made to the petitioner forthwith, whereafter, the respondents are said to have paid the salary of the petitioner from January, 2006 to April, 2007. It thus becomes clear that the 3 petitioner’s claim for payment of salary from June, 2005 to 13.1.2006 had not been fully redressed in view of the earlier order of this Court dated 22.3.2007 in C.W.J.C. No. 899 of 2007 inasmuch as the payment of salary for the period June, 2005 to December, 2005 has been made to the petitioner only on 5.9.2011. Considering the fact that the respondents were under obligation to take a final decision for payment of salary of the petitioner in view of the earlier order of this Court dated 22.3.2007 in CWJC No. 899 of 2007, this Court would direct the Civil Surgeon of Nawadah district to hold an enquiry and fix the responsibility of the erring officials and employees who have caused delay in payment of salary of the petitioner and if it is found that such delay was deliberate on the part of the concerned Drawing and Disbursing Officer, who has now ultimately chosen to make payment on 5.9.2011, he would recommend to the State Government for initiating a departmental proceeding against the said officer and/or 4 any other officer/employee responsible for such delay. If on the other hand, he would find that the delay in payment of salary of the petitioner for the period June, 2005 was justified, he would, record the circumstances in the reasoned order and communicate the same to the petitioner. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)