IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7436 of 2010 1. Anil Kumar S/O Ram Swarup Singh R/V- Mahananchak, P.O.- Raiyur Koyal Bigha, P.S.- Tharthari, Distt.- Nalanda Versus 1. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna 2. The District Magistrate, Nalanda 3. The Superintendent Of Police Bihar Sharif, Nalanda 4. The Sub-Divisional Officer Hilsha, Nalanda 5. The Circle Officer Hilsha, Sub-Division, Nalanda 6. The Officer-In-Charge Of Tharthari Police Station Nalanda ----------- 3. 27.09.2011 Heard learned counsel for the petitioner and the State. No counter affidavit has been filed by the respondents. Considering that the application has remained pending since 27.4.2010, the Court is not persuaded to adjourn the matter and disposes it on basis of the materials on record. The claim in the application is for arrears of salary from November, 2006 to August, 2007. Learned counsel submits that the petitioner was placed under suspension, charges framed, duly replied to but no final orders came to be passed in the departmental proceedings. The petitioner is therefore entitled to his salary. Learned counsel for the State submits from the order of suspension dated 19.12.2007 that he was placed under suspension for reasons of unauthorized absence from December, 2006 till February, 2007 and 2 for which reason his salary has been stopped. If the petitioner had not worked he is not entitled to salary. Salary being a statutory right can be denied in accordance with law. But if allegations were made for unauthorized absence, charges framed, which the delinquent denied asserting that he was on duty but was wrongly denied the right to mark attendance, their arises a lis to be adjudicated in the departmental proceeding. If the respondents had decided the issue of unauthorized absence in the departmental proceeding, the entitlement for salary would arise in context of the findings. But if no departmental proceedings were held and the matter stood closed after he filed his reply denying the charges, naturally there can be no justification for denial of the salary. If the respondents have chosen not to file a counter affidavit applying he principles of non-traverse, the application has to be allowed and directions are issued to pay the arrears of salary of the petitioner for the period November, 2006 to August, 2007 within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)