IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11069 OF 1998 SURYADEO SINGH, S/O LATE RAM NARAYAN SINGH OF KURIYA, P.S. PIPRA KOTHI, DISTRICT EAST CHAMPARAN. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3.REGIONAL DEPUTY DIRECTOR, TIRHUT DIVISION, MUZAFFARPUR. 4.DISTRICT EDUCATION OFFICER, MUZAFFARPUR. 5.SUB DIVISIONAL EDUCATION OFFICER, MUZAFFARPUR WEST. 6.ACTING HEADMASTER, MOTIPUR HIGH SCHOOL, DISTRICT MUZAFFARPUR. ………………………RESPONDENTS. ----------- 09/ 25.07.2011 No one appears for the petitioner. Earlier also when this case was called out on 22.07.2011, the petitioner had remained unrepresented. The grievance of the petitioner as with regard to withholding of his payment of salary from February-1998 has been fully explained by the respondents in their counter affidavit, wherein, it has been stated that as the petitioner had not filed his Income Tax return, his salary has to be stopped by the Drawing and Disbursing Officer as per the rules. Though the petitioner has controverted this aspect in reply to the counter affidavit, no document has been annexed to support the fact that 2 the petitioner had submitted the Income Tax return. In that view of the matter the issue relating to the payment of salary of the petitioner for the admissible period in which he has worked on the post could be decided by the Drawing and Disbursing Authority in the light of the fact as to whether the petitioner had submitted his Income Tax Return and has also completed the necessary formalities. It goes without saying that in the absence of the Income Tax Return it would be deemed that the petitioner has not paid the tax and therefore, the respondents would be also entitled to deduct the admissible amount of Income Tax if such exercise had already not been done. This application is, accordingly, disposed of with a liberty to the petitioner to approach the competent Authority for redressal of his grievance in the light of the observations made above. Ranjan (Mihir Kumar Jha, J.)