IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16917 of 2009 1. ARUN KUMAR SRIVASTAVA S/O LATE SHI SHANKAR NARAYAN R/O VILL- BHUSAWAN, P.O- PUCHARI BAZAR, P.S- BANIYABAZAR, DISTT- SARAN AT PRESENT POSTED AS EXECUTIVE ENGINEER, TILAIYA CANAL DIVISION, WAZIRGANJ, GAYA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE ADDITIONAL COMMISSIONER, DEPARTMENT OF IRRIGATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE SONE COMMAND AREA DEVELOPMENT AGENCY (SCADA) SONE BHAWAN PATNA THROUGH THE SECRETARY 5. THE AREA DEVELOPMENT COMMISSIONER, SONE COMMAND AREA DEVELOPMENT AGENCY (SCADA), SONE BHAWAN, PATNA 6. THE SECRETARY, SONE COMMAND AREA DEVELOPMENT AGENCY (SCADA), SONE BHAWAN, PATNA 7. THE FINANCIAL ADVISOR, SONE COMMAND AREA DEVELOPMENT AGENCY (SCADA) SONE BHAWAN, PATNA ----------- 2. 28.01.2010 Heard learned counsel for the petitioner and learned counsel appearing for Sone Command Area Development Authority (for short ‘SCADA’). The claim is for salary from 9.8.1999 to 9.6.2003 along with interest inclusive of the deposit of contributory provident fund amount of Rs. 8,600/- by the employer for which deduction has already been made from his salary of December, 1998, January, February and July, 1999 but as alleged not deposited in his account. Learned counsel for the petitioner relies upon a letter of the SCADA addressed to the petitioner 2 dated 10.5.2007 that no sooner the funds are received his salary shall be paid. The salary is a statutory right. Without valid justification in law to withhold the same amounts to violation of Articles 21, 23 of the Constitution of India. Surely, the respondent- authorities, an instrumentality of the State, cannot be expected to violate the Constitution of India, which may question their authority itself. If the communication dated 10.5.2007 be correct, the respondents while considering the legitimate salary dues of the petitioner are also directed to consider the issue of grant of interest. The interest amount shall be paid by the respondent-authorities. The interest amount shall, however, be recovered from the salary of those, who erred in timely payment of salary. Let a copy of this order be sent to the Accountant General, Bihar to ensure compliance that in any event the liability of interest payment shall not be borne by the Government coffer. Non-deposit of the provident fund amount in provident fund account after deduction of the same from the salary raises serious issue for proceeding under the Indian Penal Code. Let the amount in question as alleged be 3 deposited forthwith in the provident fund account of the petitioner, failing which the State Provident Fund Officer is directed to initiate appropriate proceedings under the Indian Penal Code against the person concerned. Let this order in all aspects be complied in accordance with law within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)