IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5353 of 2011 Ram Pukar Singh SON OF CHANDRADEEP SINGH RESIDENT OF VILLAGE SINGHESHWAR P.S. SINGHESHWAR DISTRICT MADHEPURA AT PRESENT ASSISTNAT SUB INSPECTOR (RAILWAY), KATIHAR. Versus 1. The State Of Bihar 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATRNA. 3. THE INSPECTOR GENERAL OF POLICE (RLY.), BIHAR, PATNA. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE (RLY.) BIHAR, PATNA. 5. THE SUPERINTENDENT OF POLICE (RLY) CUM DISCIPLINARY AUTHORITY, KATIHAR. 6. THE DEPUTY SUPERINTENDENT OF POLICE (RLY.) (HEAD QTR.) CUM CONDUCTING OFFICER, KATIHAR. ----------- 2 26/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was holding the post of Assistant Sub Inspector of Police and was posted under Katihar Rail district. During that period, especially in the year 2008 for the month of October and November he was found to be absent without authorized leave. The respondents authorities decided to proceed against him in a departmental proceeding. Some of the allegation of - 2 - absence was found to be true but in totality of the facts and circumstances the authorities decided to regularize this period of absence by adjusting them against earned leave available to the petitioner. But the problem of the petitioner did not end with such a decision because, according to him, he has been without salary for 412 days in total, breakup of which has been given in paragraph 21 of the writ application. The periods indicated are 18.11.2008 to 31.12.2008 -43 days, January 2009 to December, 2009- 365 days and 1.1.2010 to 4.1.2010- 4 days. Way back on 19.09.2010 petitioner lodged his claim with the Superintendent Rail Police, Katihar, as would be evident from annexure-8, but when nothing came to be done, this writ application has been filed seeking direction. As usual, counter affidavit on behalf of the State does not answer half the issue or assertions made in the writ application. The sum essence of the counter affidavit filed on behalf of respondent nos. 5 and 6 duly sworn by the Superintendent of Police Rail, Katihar is that the authorities are seeking direction from the Inspector - 3 - General of Police, Rail and no sooner the same direction is received, follow up action would be taken. How many months, year or decade it will take for the Inspector General of Police, Rail to take a decision on the issue of the like, is not indicated. Such in-decision will, obviously, lead to the generation of litigation which could have been resolved at the level of the persons responsible by finding time to respond to such a claim made by a subordinate employee. In absence of any cogent explanation for non payment of salary in the counter affidavit, the Court is left with no option but to direct the Inspector General of Police Rail, Patna (respondent no. 3) that he will look into the matter at his level, issue necessary direction to the Superintendent of Rail, Katihar or to such authority under whose jurisdiction the petitioner is posted to sort out the issue of payment of salary for the period the petitioner has claimed within a period of six weeks from the date of production or communication of a copy of this order. If there is no legal impediment, effort shall be made to make payments within three months of issuance of such a direction. - 4 - This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)