IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6076 of 2009 RUPESH KUMAR GOND Versus THE STATE OF BIHAR & ORS ----------- 2 14.5.2009 Heard counsel for the petitioner and counsel for the State. Normally this Court would never interfere in a matter of show-cause notice. In the present case, in fact, the petitioner has also waived his right to challenge his show- cause notice because he has already replied to the show-cause notice and is waiting the ultimate result. Counsel for the petitioner would however submit that even if the matter of appointment on the alleged submission of false or forged certificate of schedule tribe category is under consideration before the authority in the show-cause notice and reply that cannot be the ground for withholding the payment of salary, inasmuch as, he still continues to work and therefore, if he has a valid appointment letter which has not been cancelled as yet, a mere show-cause notice cannot be a ground for withholding the payment of salary. Counsel for the petitioner, at 2 least in this respect, seems to be correct because the office of the Collector of Lakhisarai district has issued a show-cause notice and if the petitioner continues to work, he must be paid his salary till the final decision is taken on the show-cause notice. Such payment to the petitioner must be made within a period of one month from the date of receipt/production of a copy of this order. Counsel for the petitioner has also expanded his submissions to impress this Court that the certificate submitted by the petitioner at the time of his initial appointment was neither forged nor fabricated and in fact is exactly the one which was issued by the office of the Collector of the Munger district. Unfortunately, that part of declaration in favour of the petitioner can neither be given in this writ application nor can be of any help to the petitioner because what type of certificate had been submitted by him is the subject matter of enquiry pending before Collector Lakhisarai who is yet to record his findings in this regard. If that 3 certificate is forged, the petitioner’s appointment must go or else the issue should be closed. Thus, the exercise however must be completed by the concerned authorities including the Collector, Lakhisarai in consultation with Collector, Munger at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations/ direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)