IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11102 OF 2004 PRAVIN KUMAR MANDAL, SON OF LATE VISHWANATH MANDAL, RESIDENT OF MOHALLA SUBHASHPALLI, POLICE STATION, TOWN AND DISTRICT KISHANGANJ …………………………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR OF SECONDARY EDUCATION, NEW SECRETARIAT BUILDING, PATNA 3. THE SECRETARY, DEPARTMENT OF SECONDARY EDUCATION, SECRETARIAT BUILDING, PATNA 4. THE SPECIAL SECRETARY, DEPARTMENT OF SECONDARY, PRIMARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, SECRETARIAT BUILDING, PATNA 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION, PATNA 6. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PURNEA DIVISION, PURNEA 7. THE DISTRICT EDUCATION OFFICER, ARARIA 8. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA 9. THE DISTRICT SUPERINTENDENT OF EDUCATION, KISHANGANJ 10. THE DISTRICT EDUCATION OFFICER, PURNEA –CUM- KISHANGANJ 11. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 12. THE HEADMISTRESS, GIRLS HIGH SCHOOL, KISHANGANJ …………………………………………………………………………RESPONDENTS ********* FOR THE PETITIONER :- MR. SITESH CHANDRA MITRA, ADVOCATE FOR THE S T A T E :- MR. M. K. PATHAK, AC TO GA 9 *************** 3 10/12/2010 The petitioner is claiming payment of salary between the period 03.01.1997 to 04.05.1998. The petitioner was initially working in Ramnandan High School, Ramai, Araria, from where he was transferred to Moti High School Madanpur on 25.07.1996. After joining Moti High School in December, 1996, he was transferred to Simarbani High School. The contention of the petitioner is that when he went to join 2 Simarbani High School, there was no vacancy available. So, he rejoined at Moti High School but his joining was not accepted. It is the contention of the petitioner that he joined the Office of the District Education Officer, Purnea on 02.01.1997. Thereafter, he filed a representation as late as on 23.03.1998, praying therein that he should be transferred to Girls High School, Kishanganj as a Hindi Teacher, which was recommended vide Annexure-8 dated 11.04.1998 and accordingly, the petitioner joined at Girls High School, Kishanganj on 11.04.1998. According to the petitioner, he had joined the Office of the District Education Officer, Purnea on 02.01.1997, however, there is no material in this writ application, which would prima facie show that in fact the petitioner had joined in the Office of the District Education Officer, except a bald statement. The petitioner retired in the year 1999. Annexure-2 has been issued on 13th July, 2002 purportedly on a representation filed on behalf of the petitioner for payment of his salary which has been denied on the ground that he has not been able to show that “he was waiting for posting” during the period 03.01.1997 to 04.05.1998 nor that he had taken any steps in the direction of informing the authority in question regarding the fact that no post was available. 3 The statement made on behalf of the petitioner to justify his absence is that he claims that letter no. 82 was issued on 09.01.1997 by which the power of transfer of teachers to the Regional Deputy Director of Education had been stayed by the State Government. This letter, however according to the petitioner, was later withdrawn and thus, the petitioner was transferred to Girls High School, Kishanganj on the recommendation of the Commissioner, Purnea. The main question before this Court is whether the salary of the petitioner could have been stopped without issuing him a show cause or initiating a departmental proceeding against him. In the circumstances, this Court can only hold that since the petitioner has retired, there is no question of initiating a departmental proceeding. However, the authorities would definitely need to confirm that the contentions raised by him that he was waiting for posting is correct or not after looking into the records, and issuing a show cause to the petitioner. If the authorities come to a conclusion that the petitioner was in fact present at the Office of the District Superintendent of Education or the District Education Officer, Araria, then he would be entitled to pay for the period of waiting, however, if the authorities conclude that the petitioner was absent for the said period, they 4 may act in accordance with the provisions of the Bihar Service Code and pass appropriate orders. The petitioner would be entitled to bring the facts to the notice of the authorities within a period of eight weeks from the date of receipt of a copy of this order. This writ application is disposed of in the aforesaid terms and conditions. Anand ( Sheema Ali Khan, J. )