IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4365 of 2009 SUKAI RAUT . Versus THE STATE OF BIHAR & ORS . ----------- 3/ 26/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. Counter affidavit has also been filed. Learned counsel for the petitioner fairly acknowledges that the petitioner is not discharging duties since 1999 as a Choukidar. He, however, seeks to contend from the counter affidavit that he has certainly been prevented from working since 1999 and the Sub- inspector of the police station who did so has been subjected to departmental proceedings. The fact, however, remains that the petitioner has been out of service for ten years. The question of granting him salary when he did not work or question his removal before a Court of Law does not arise. To pass any orders at this stage for salary shall tantamount to putting him in service which shall affect any other person appointed on the post of Choukidar subsequent to the vacancy created after removal of the petitioner all of which shall have a cascading effect. In any event, the scheduled - 2 - superannuation of the petitioner was also in 2009. The writ application is dismissed. KC ( Navin Sinha, J.)