IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.565 of 2011 MD.MAHMOOD ALAM, S/O LATE MD.KASIM, R/O VILLAGE-BASAULI, P.S.-GHANSHYAMPUR, DISTRICT- DARBHANGA. .........PETITIONER. Versus 1. THE STATE OF BIHAR. 2. PRINCIPAL SECRETARY, CABINET SECRETARIAT, DEPTT. OF RAJBHASHA (URDU DIRECTORATE), GOVT. OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, SAMASTIPUR, BIHAR. 4. TREASURY OFFICER, SAMASTIPUR, BIHAR. 5. BLOCK DEVELOPMENT OFFICER, HASANPUR BLOCK, SAMASTIPUR. 6. DISTRICT PANCHAYAT RAJ OFFICER-CUM-INQUIRY OFFICER, SAMASTIPUR. ........RESPONDENTS. ----------- 2 17.05.2011 In respect of the pending proceeding and dues of the petitioner, the pleadings made in the counter affidavit in paragraph 11 and 14 are as follows:- ‘’11. That since the petitioner was in jail, the said departmental proceeding was not concluded as petitioner was not able to submit his explanation before the conducting officer. After release from jail, the petitioner appeared before the conducting officer and submitted his explanation on 01.04.2011. Subsequently, the conducting officer has submitted his enquiry report and the same has been sent to the Director, Urdu Directorate, Patna for final orders vide letter no.502 dated 18.04.2011.’’ ‘’14. That as regards the statements made in paragraph no.13, 15, 17, 18, 19 and 21 of writ petitioner, it is stated and submitted that payment could not be made to the petitioner due to non 2 availability of allotment and when the allotment was received, bill was prepared and submitted to sub-treasury, Rosara, but the same could not be encased. It is submitted that as soon as the allotment is received in the new financial year, the arrears as well as current salary will be paid to the petitioner.’’ In view of the said pleadings, the respondents are directed to finally conclude the departmental proceeding against the petitioner positively within three months from the date of receipt/production of a copy of this order. In view of the pleadings made in paragraph 14 as above the respondents are directed to release all due arrears of salary, current salary as well as arrears of subsistence allowance of the petitioner positively within two months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)