IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9235 of 2002 CHITARANJAN PD.SINGH Versus THE STATE OF BIHAR & ORS ----------- 6. 27.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The claim in the writ application was for arrears of salary for the period 16.12.2000 till institution of the writ application on 30.7.2002. In a controversy with regard to the absence from duty when the petitioner alleged that his orders of transfer had been cancelled on his request and the option invited for fresh posting which he had given. Thereafter no fresh orders were passed, while the respondents urge that the petitioner did not comply with the order of posting from Bhojpur at Darbhanga, the fact of the matter is that the petitioner was subjected to departmental proceedings. The counter affidavit of the respondents urges disentitlement of salary on the principle of “no work no pay” and that departmental proceedings were under contemplation. Learned Counsel for the petitioner submits on instruction that the petitioner has been exonerated in the departmental proceedings. However, the final order passed in the departmental proceedings or the enquiry report is not on record. Learned Counsel for the State submits that despite communication made by him he has received no instruction. In absence of necessary documents and materials on record, this Court finds it difficult to pass any positive conclusive order. This writ application is disposed with the observation that if the departmental proceedings have been concluded, quite obviously the issue of entitlement of salary of the period for the period, on account of which departmental proceedings were initiated, has necessarily to abide by the final decision taken in the departmental proceedings and exoneration shall entitle him to salary unless there be appropriate finding with regard to the same in the enquiry report accepted by the disciplinary authority. These are administrative matters to be enquired into by the respondents. Let appropriate decision in this regard be taken 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 off. Snkumar/- (Navin Sinha,J.)