IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9637 of 2009 VAKIL MANDAL,SON OF LATE KISAN MANDAL, RESIDENT OF VILLAGE DULDULIA, POLICE STATION PIRPAITI, DISTRICT BHAGALPUR----PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, SCHEDULED CASTE AND SCHEDULED TRIBE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, SCHEDULED CASTE AND SCHEDULED TRIBE, DEPARTMENT, GOVERNMNET OF BIHAR, PATNA. 3. THE DEPUTY DIRECTOR, WELFARE, MUNGER DIVISION MUNGER. 4. THE DISTRICT WELFARE OFFICER, MUNGER. 5. THE HEADMASTER, GOVERNMENT GIRLS RESIDENTIAL HIGH SCHOOL, MUNGER -------- RESPONDENTS. ----------- For the petitioner:- Mr. M. Chatterjee, Advocate For the State:- Mr. S.K.Sinha, SC-13 2 26.8.2009 Heard Counsels for the petitioner and the State. Petitioner is working on the post of Assistant Teacher in Residential Ambedkar Government High School, Munger. He is aggrieved on account of non payment of his salary from July, 2008 till date. Prayer of the petitioner is for a direction to the respondents to pay his arrears of salary as well as month to month current salary. The reason behind non payment of salary seems to be the order contained in letter No.2666 dated 18.7.2008 issued from the office of the Director, Department of Welfare to District Welfare Officer, Munger. The Director, Department of Welfare, Government of Bihar issued this letter asking the petitioner to submit his show cause as some complaints have been received regarding petitioner’s Teacher Degree - 2 - being forged. The allegation as revealed in this letter is that on the basis of forged Teacher’s Training Degree, petitioners have got the benefit of trained pay scale, and this is being enquired by settling up an enquiry. Petitioner has been asked to submit his show cause, but till date show cause has not been submitted by him. Till the date of submission of show cause payment of salary will remain stopped. In case petitioner fails to submit show cause disciplinary proceeding will be initiated against him. Counsel for the petitioner submits that payment of salary could not have been stopped, simply because he was asked to submit show cause. Till date no departmental enquiry has been initiated against him, he has not been put under suspension and discharging his duties. So far show cause is concerned, that has been done in August, 2008 itself. Legally, there is no reason for non payment of salary. Under the service Jurisprudence, payment of salary cannot be stopped, merely on receiving some complaints, unless charges are proved and punishment awarded. Considering the fact that the condition which has been put by the Director Welfare for non-payment of the petitioner’s salary is no more existing on account of petitioner’s submission on the show cause. Till date no - 3 - adverse order has been passed against the petitioner in any departmental proceeding, and charge of getting trained scale, on the basis of forged trained certificate, has also not been proved, since still petitioner is discharging his duties, legally he is entitled for his salary. This application is being disposed of directing the respondent no.2 the District Welfare Officer and the Headmaster, Government Girls High School Munger to start payment of salary to the petitioner, forthwith. Arrears as well as current salary of the petitioner must be paid, preferably within two weeks from the date of the production/presentation of a copy of this order. This application is disposed of. (Mridula Mishra,J.) A.Kumar