IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5313 of 2011 GAURI SHANKAR MISHRA, S/O LATE CHANDRAKA MISHRA, R/O VILLAGE-SULTANGANJ BHAGALPUR, P.S.-SULTANGANJ, DISTRICT-BHAGALPUR. ........PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, ART, CULTURE AND YOUTH DEPARTMENT (MUSEUM DIRECTORATE), BIHAR, PATNA. 3. THE DIRECTOR OF MUSEUM, BIHAR, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR, MUSEUM BIHAR, PATNA. 5. THE CURATOR, CHANDRADHARI, MUSEUM DARBHANGA. .........RESPONDENTS. ----------- 2 11.04.2011 From the pleadings and Annexures of the writ application, it appears that some friction is going on between the Curator of Chandradhari Museum, Darbhanga and the petitioner who is Chemical Assistant there. As per the case of the petitioner, Curator travels from Patna and he wants the petitioner to take custody of the key and charge of the Museum so that the Curator may be more free and absent from the duties. Since the petitioner is not exceeding to his request the Curator has stopped payment of his salary and has prevented him from marking his attendance. Annexure-3 is the letter of the Curator addressed to the petitioner. From 2 this document, it appears that the petitioner himself is not regular in the office and he marks his attendance as and when he desires and thereafter absents himself and does not perform his duties on account of which his salary has been stopped by the Curator. As to who is committing dereliction of his duties on the spot is a question of fact. This cannot be decided in this writ application on the basis of affidavits and counter affidavits. In the circumstances, this writ application is disposed of with a direction to the Collector, Darbhanga to look into the matter within two weeks from the date of receipt/production of a copy of this order and take steps for appropriate action in accordance with law against the person who may be found defaulter. Learned counsel for the petitioner submits that the petitioner is not receiving salary since last three months and he is not being allowed to mark his attendance. He submits that, if the petitioner is found guilty of dereliction of his duties, he is ready to face proceeding for the same. 3 In the circumstances, the Collector is directed to take steps for either payment of salary of the petitioner immediately or for initiation of proceeding against him as per his findings in the enquiry with regard to actual state of affair of the Museum. Arvind/ ( J. N. Singh, J.)