IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 10582 of 2010 1. DR. INDAL SINGH NAVIN R.K.P.L.D KISAN COLLEGE, BARIYARPUR, SITAMARHI THROUGH ITS PRINCIPAL KAUSHAL KISHORE SINGH. 2. KAUSHAL KISHORE SINGH, S/O SHRI RAJENDRA SINGH, AT PRESENT PRINCIPAL DR. INDAL SINGH NAVIN R.K.P.L. KISHAN COLLEGE, BARIYARPUR,SITAMARHI. Versus 1. THE STATE OF BIHAR. 2. BIHAR SCHOOL EXAMINATION BOARD (HIGHER SECONDARY) BUDH MARG, PATNA THROUGH ITS SECRETARY. 3. DIRECTOR, BIHAR SECONDARY SCHOOL EXAMINATION (HIGHER SECONDARY), PATNA. 4. DISTRICT MAGISTRATE,SITAMARHI. 5. SHRI BHARAT JHA FORMER S.D.O., SITAMARHI. 6. SRI SIDDHI NATH JHA, ADDL. COLLECTOR, SITAMARHI. 7. SRI NARENDRA KUMAR SINHA, DY. DEVELOPMENT COMMISSIONER,SITAMARHI. 8. SRI SHAILENDRA KUMAR CHAUDHARY, ADDL. COLLECTOR, SITAMARHI. 9. SRI MILINDA KUMAR SINHA, DISTRICT EDUCATION OFFICER, SITAMARHI. 10. HARISHCHANDRA SINGH, S/O RAMSEWAK SINGH, R/O VILLAGE & P.O. BARIYARPUR, P.S. SITAMARHI, DISTRICT- SITAMARHI. ----------- 2 12.08.2010 Heard the parties. Petitioner No 1 is a College recognized and affiliated to the Bihar Intermediate Education Council, Patna. Petitioner No 2 is the Principal. It is though named College but imparting education only upto Intermediate level. It is governed by a private Governing Body. Apparently, State took a decision to give financial assistance to the Colleges like the petitioner both at University level and at School level. The financial assistance is in the shape of the deficit which the School/College incurs in regard to payment of wages/salary to its teaching and non-teaching employees who are posted on duly sanctioned post. This led to claims and counter claims within the College once money was received for being given to the College at district level. The District Magistrate –cum- Collector, Sitamarhi assumed jurisdiction in the matter to get the matter enquired into and till then he stopped payment of cheque 2 to be delivered to the College. This is objected to by the College and the Principal. Having heard the learned counsel for the State and learned counsel for the petitioners, in my view, the submissions on behalf of petitioners has strength. The payment is meant for employees of the College. As such, neither the District Magistrate nor any other authority has any right to withhold payment. The payment cheque must immediately be handed over to the Principal. The Principal would deposit the cheque in the account of the College but all payments that would be made by the Principal to either teaching or non-teaching employee would be made by account payee cheques only and proper accounts would be kept. If anyone claims that he has been wrongly deprived of the payment as he is working on a duly sanctioned post having been duly appointed, it would be for him to move the Bihar Intermediate Education Council or its successor Bihar School Examination Board (Senior Secondary) who would be having all records of the sanctioned strength and appointments on those posts in relation to the present institution. The authorities of the Board would take suitable steps to enquire into the matter and direct payments accordingly. In order to make the system more transparent, I direct the petitioner to first publish a list of teaching and non-teaching employees showing the extent of entitlements and basis thereof from the money as received from Government so that any person objects either in relation to the quantum or in relation to his right to receive the money has full notice and has full opportunity to make his objection before the Board. All 3 payments would only be made after taking undertaking from the recipients on affidavit that in case it is found by the Board that they have been wrongly paid then they would undertake to refund the entire amount so received within a period of 15 days from the demand being made. Upon objection being received by the Board, the Board would decide the objection within one month for the purpose of which, it would have powers to inspect the records of the petitioners and in case of non- cooperation, power to seize the records as well but in no case, the Board would delay the enquiry and make all efforts to conclude the same within one month of the objection being filed. Board will not entertain objections which are made later than 10 days of publication of statement, as referred to above. With these observations, the directions issued by the Collector, are set aside and the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)