IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3788 of 2008 Niraj Kumar Azad, son of Late Badri Paswan, resident of Gur Ki Mandi, PS Alamganj, Gulzarbagh, Patna, at present resident of K-20, I.T.I., Digha Ghat, PS Digha, Patna – Petitioner. Vs. 1) The State of Bihar through the Chief Secretary, Bihar, Patna. 2) Secretary, Labour, Employment and Training Department, Bihar, Patna. 3) The Director, Employment and Training Department, Bihar, Patna. 4) The Principal, I.T.I. Digha Ghat, Patna. 5) Dy. Director, Employment and Training, Bihar, Patna. 6) Anil Kumar Sinha, Security Officer, I.T.I. Digha Ghat, Patna – Respondents. 2 13.4.2011 The petitioner has challenged the order contained in Annexure 14 issued vide memo no. 1155, dated 30.9.2007. The petitioner is a Class IV employee and is working in the Industrial Training Institute. The petitioner was allotted a quarter which he did not occupy, rather, he preferred to barge into another quarter and forcibly occupy it. There is no letter which would show that the quarter which the petitioner is presently occupying was duly allotted to him. It appears that besides the high handed behaviour, the petitioner also picked up a fight with one of the co-employee. An enquiry was held and recommendation was made that action should be taken against the petitioner. By the order impugned the petitioner has been asked to vacate the quarter and it has further been ordered that until he vacates the quarter, he will not be paid his salary. Undoubtedly the authorities concerned can ask the petitioner to vacate the quarter. However, such high handed behaviour on the part of any employee cannot and should not be tolerated by any department, much less, can it be condoned by 2 this court. A stand has been taken on behalf of the petitioner that he has filed a representation which according to him has not been considered as yet. In the circumstances I direct that the Principal should consider the representation filed on behalf of the petitioner and thereafter take appropriate steps in accordance with law which would also include the option to initiate a departmental proceeding against the petitioner. If any such proceeding is initiated, it should be concluded within six months. The petitioner should cooperate in the departmental proceeding by filing show cause and appear in person as and when required. As far as the stoppage of salary of the petitioner is concerned, I do not think that it would be proper to stop the salary without a departmental proceeding. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J.)