IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1049 of 2003 BIRENDRA KUMAR SHARMA son of Late Ram Charitar Sharma Resident of village Ram Murti Nagar behind Civil Court Hilsa at present Libarian S. U. College Hilsa District Nalanda. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. Vice Chancellor, Magah University Bodh Gaya, Gaya. 3. Registrar, Magadh University, Bodh Gaya, Gaya. 4. Sri Ram Dutta Singh Ex-Principal, S. U. College, Hilsa Nalanda. 5. Principal, S. U. College, Hilsa, (Nalanda). … Respondents. ----------- 3. 02.07.2010 No one appears for the petitioner. Counsel for the State and the University are present. In this case, the prayer of the petitioner reads as follows:- “1. That this is an application for issuance of appropriate writ or writs/Order or orders/direction or directions against the respondents authorities to pay the salary of the petitioner month of May and June 2002 as well as not payment of G.P.F. amount of Rs.6000. Out of sanction amount dated 12.6.2000 of Rs.18475 and only 12880 rupees paid after two years as such it is evident that action of the respondent no. 4 is quite illegal, arbitrary and malafide and any opportunity for show cause, which is violation of natural justices.” From reading of the writ petition and particularly the representation filed by the petitioner 2 holding the post of Librarian in S.U. College Hilsa, a constituent unit of Magadh University, it would be clear that on account of shortage of book and the enquiry held therein, the salary of the petitioner on account of lapse on duty on his part was withheld. In absence of petitioner and inability of the university to inform this Court as to present stage would leave nothing for this Court to adjudicate in this matter specially when the counsel for the University has orally been instructed to submit that the current salary of the petitioner is being paid. That being so, this writ petition is disposed of with a direction to the Registrar of the University to look into the grievance of the petitioner and if there are no dues against the petitioner and he had worked during that period, his withheld salary and other amount should be released. On the other hand, if it is found that the petitioner is liable to be subjected to some recovery on account of lapses on duty and/or missing of books from the library, the Registrar of the University shall pass a reasoned order dealing with the said issues. 3 With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)