IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15627 of 2009 1. SHAKUNTALA GUPTA W/O SRI DINA NATH PRASAD GUPTA R/O VILL.- MADHUBANI, P.S. DISTT.- WEST CHAMPARAN, BETTIAH, AT PRESENT POSTED AS HEADMISTRESS, GOVT. PRIMARY SCHOOL, MADIYANI ANCHAL- MADHUBANI, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 3. DISTRICT EDUCATION OFFICER BETTIA, WEST CHAMPARAN 4. DISTRICT SUPERINTENDENT OF EDUCATION, WEST CHAMPARAN, BETTIAH 5. SUB-DIVISIONAL EDUCATION OFFICER, WEST CHAMPARAN, BETTIAH 6. BLOCK EDUCATION OFFICER, MADHUBANI, WEST CHAMPARAN ----------- 2 4.3.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s grievance is that on account of order dated 28.8.2009 contained in memo no. 1748 issued by the District Education Officer, Bettiah, West Champaran, payment of her salary has been stopped arbitrarily. She is presently working as Headmistress, Government Primary School, Madiyani Anchal-Madhubani, District West Champaran. An allegation was earlier made against her that impersonating one Shakuntala Gupta, she is working on the post 2 of Teacher. This allegation was inquired into by the District Superintendent of Education, Bettiah, West Champaran and vide order contained in letter no. 4805 dated 28th November, 1992 the allegation was found baseless. At that time also payment of her salary has been stopped but on account of order contained in Annexure-4 payment of her salary was resumed. After 17 years again similar allegation has been made, though she has not been put under suspension. No departmental inquiry has been initiated against her but the respondent authority arbitrarily stopped her payment of salary. It is well settled that a Government employee, who is discharging his/her duty and not put under suspension is entitled for salary. In case there is any charge against the petitioner, she can be proceeded departmentally by initiating a departmental proceeding. Only in case the charges are 3 framed and in the departmental proceeding, giving proper opportunity to the petitioner to defend herself, any punishment can be imposed but since nothing has been done and the petitioner is still discharging her duty, she is entitled for her salary. This application is being allowed giving direction to the respondent nos. 3 and 4 to start making payment of salary to the petitioner. Her arrears as well as current salary should be paid to her within a period of four weeks from the date of production/communication of this order. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar