IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8476 of 2009 1. Vijay Kumar Trivedi , son of Late Brahma Nand Trivedi, resident of village-Shirkhindi, P.S.-Halsi, District-Lakhisarai, at present posted as Incharge Principal, Primary School Sonail, Khaira, District-Jamui. 2. Mohan Tanti, son of Late Somar Tanti, resident of village- Shirkhindi, P.S.-Halsi, District-Lakhisarai, At present posted as Incharge Principal, Utkarmik Middle School, Deopur, Khaira, District-Jamui. ………..Petitioners. Versus 1. The State of Bihar. 2. The Director, Primary Education, Government of Bihar, Patna. 3. The Secretary, Primary Education, Government of Bihar, Patna. 4. The District Superintendent of Education, Jamui, District- Jamui. 5. The District Education Officer, Jamui, District-Jamui. …………Respondents. ----------- 2/ 23.07.2009 Heard counsel for the petitioner and the State. Petitioner Nos. 1 & 2 are working as In-Charge Principal in Primary School, Sonal, Khaira, District-Jamui and Utkarmik Middle School, Deopur, Khaira, District-Jamui, respectively. Their grievance is that the salary and other benefits have been withheld by the respondents since February, 2005 for the reason that some verification is going on with regard to the documents and service records of the petitioners. Petitioners are still working on the post but, being denied their salary and other benefits. Accepting the stand taken by the petitioners that simply in the name of verification of the documents their salary has been stopped, the act of the respondents can only be 2 treated as an illegal and arbitrary act. A government employee is entitled for his salary while discharging duties, unless charges levelled against him proved in a departmental proceeding and the punishment of withholding salary is imposed. The government employee can be deprived of salary only under a legal order passed for withholding his salary. Unless, these conditions are available, respondents have no authority to withhold salary of a government employee, specially when he is regularly discharging his duty. This application is disposed of, directing the Secretary, Primary Education, Government of Bihar, Patna (Respondent No. 3), the District Superintendent of Education, Jamui and the District Education Officer, Jamui, to start making payment of salary, arrears of salary should also paid within one month from the date of production/communication of the order. Payment of current salary shall not be stopped by the respondents. Sanjeet/ (Mridula Mishra,J.)