IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5979 of 2009 NITYANAND KISHLAY Versus THE STATE OF BIHAR & ORS ----------- 2. 13.05.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks appropriate direction for release of his salary dues from July, 2008 to February, 2009 while discharging duties as a Drug Licensing Authority in the district of East Champaran at Motihari. It is submitted that the salary for March, 2009 has since been paid after filing of the writ application. It is unfortunate that an administrative matter has been pushed to the portals of the High Court under Article 226 of the Constitution. The petitioner has made certain statements vis-à- vis Respondent no. 5. The Court refrains from making any observation with regard to the same at this stage. This Court directs Respondent no. 2 to examine the claim of the petitioner inclusive of the issues vis-à-vis Respondent no. 5. If Respondent no. 2 finds that there is no justification for non-release of the salary of the petitioner in time, while directing release of the salary, he shall also consider appropriately the issue of grant of interest. The amount of interest so awarded shall be paid from the government coffers but shall not be ultimately borne by the State Government. Respondent no. 2 is then directed to take administrative and disciplinary action to recover the amount from 2 the salary of the erring Officer. If the Respondent is satisfied that the petitioner is not entitled to any part of the salary, he shall be obliged to pass a reasoned and speaking order after furnishing to the petitioner the materials on basis of which he so opined with liberty to the petitioner to rebut the same. Let this order be complied within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)