IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3404 of 2009 BHAGWAN PRASAD, SON OF SRI PRABHU NARAYAN MAHTO, RESIDENT OF VILLAGE – MANPUR, P.O. – ALIGANJ, P.S. – CHANDRADEEP, DISTRICT – JAMUI, AT PRESENT POSTED AS HEADMASTER IN PRIMARY SCHOOL, SATPOKHRA, ANCHAL – CHANDRA MANDI (CHAKAI), DISTRICT – JAMUI. …… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION (R.D.D.E.), MUNGER DIVISION, DISTRICT – MUNGER. 4. THE DISTRICT MAGISTRATE, JAMUI. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION –CUM- SUB- DIVISIONAL EDUATION OFFICER, JAMUI. 6. THE BLOCK EDUCATION EXTENSION OFFICER, CHAKAI, DISTRICT – JAMUI. 7. THE TREASURY OFFICER, JAMUI. …….. RESPONDENTS. ----------- 05/ 12.04.2010 Heard counsel for the petitioner and counsel appearing for the State. The D.S.E., Jamui had issued order contained in Memo No. 3325 dated 18.12.2004 directing the Headmasters of the School and the Sub-divisional officers in the Education Department to stop making payment of salary to such teachers, whose appointment is under question, as doubts have been created that they were appointed on the basis of forged certificates. The verification of the document was initiated in the year, 2004 and still it is continuing, since this fact is admitted in the counter affidavit filed on behalf of D.S.E. On account of the continuation of verification of testimonials and educational - 2 - certificates, petitioner is not being paid his salary, since December, 2004. Counsel for the State was asked to show any such provision in the Service Conditions Rules, which authorizes the superior authority for withholding payment of salary of his Subordinates, in case of any doubt regarding genuineness of his certificates, despite the fact that the employee is still continuing in service and discharging his duties. No such statutory Provision, Rule, Regulations, Notification, Guideline, Circular, could be produced by the counsel appearing for the State, to prove the propriety of the action of D.S.E., Jamui. In the counter affidavit there is clear admission regarding continuation of verification since 2004 till date. In the counter affidavit, it is stated that the certificates of the petitioner and others were sent for verification to the Secretary, Bihar School Examination Board and the Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga, but till date they have not submitted any report. This statement in the counter affidavit is indicative of this fact that the D.S.E. Jamui is not interested in conclusion of so called enquiry, rather he is interested in exercising his - 3 - jurisdiction, arbitrarily and harassing his subordinates. In similar matters earlier also an order was passed directing the D.S.E., Jamui for making payment of the salary to the teachers, but irrespective of such direction, he is continuing with this illegal exercise of his jurisdiction. This application is being disposed of directing the D.S.E., Jamui to make payment of entire arrears of salary to the petitioner, which has been stopped since December, 2004 till date. It is also directed that month to month current salary shall be paid to the petitioner. In the name of verification of the certificates and documents, he could not have stopped payment of salary. The Director, Primary Education, Bihar, Patna, Regional Deputy Director of Education, Munger Division and the District Magistrate, Jamui are directed to take disciplinary action against the D.S.E., Jamui, for his arbitrary behaviour and for harassing a large number of teachers in the district of Jamui, for such a long time. All payments must be made to the petitioner within four weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)