IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13602 of 2010 1. ARJUN RAY S/O LATE RAM SWAROOP RAY R/O VILL.- KHESARAHIYA, P.S.- MAHUA IN THE DISTRICT OF VAISHALI Versus 1. THE STATE OF BIHAR THROUGH DISTRICT SUPERINTENDENT OF EDUCATION VAISHALI AT HAJIPUR 2. THE AREA EDUCATION OFFICER, MAHUA IN THE DISTRICT OF VAISHALI 3. THE BLOCK EDUCATION OFFICER, MAHUA, DISTT.- VAISHALI 4. THE HEAD MASTER, HIGHER SECONDARY SCHOOL, ABBUCHAK, GOPALPUR IN THE DISTRICT OF VAISHALI ----------- 2 11/04/2011 This writ application was filed for a different relief. Subsequently, an order dated 6.9.2010 has been communicated to the petitioner which has now been annexed as annexure-5 with I.A. No. 8599 of 2010. By virtue of this order the District Superintendent of Education, Vaishali at Hajipur has ordered stoppage of salary of the petitioner in the circumstances mentioned in the said order. Submission of the learned counsel is that salary of the petitioner cannot be stopped till a final finding is arrived at and mere allegation may not be good enough - 2 - for stoppage of salary. Petitioner is working on such a post. If the final outcome of the proceeding goes against the petitioner, an appropriate punishment can be imposed. This writ application is disposed of with a direction upon the District Superintendent of Education, Vaishali that if he is convinced about the omission and commission of the petitioner with regard to illegal utilization or non utilization of the money which had been drawn by him for construction of the school, then he has certainly a liberty to frame charges and hold a departmental enquiry but withholding of salary in the meantime, is not in accordance with any rule or law merely because some allegation has been made. The District Superintendent of Education would be well advised to draw up an appropriate proceeding if the materials as such are available against the petitioner and reach a finality on the same within a reasonable time frame. So far stoppage of salary is concerned, it cannot be resorted to as an ad-hoc measure. Petitioner would be entitled to his salary since he is working. - 3 - This writ application is disposed of with the observation aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)