IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16410 of 2009 1. AFSANA KHATOON W/O MD. NISAR AKHTAR VILL- MAHESH ASTHAN, P.S. AURAI, DISTT. MUZAFFARPUR-----------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE DISTRICT EDUCATION OFFICER MUZAFFARPUR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION MUZAFFARPUR 6. THE BLOCK EDUCATION EXTENSION OFFICER AURAI, MUZAFFARPUR 7. THE DISTRICT MAGISTRATE MUZAFFARPUR 8. THE BLOCK DEVELOPMENT OFFICER AURAI, MUZAFFARPUR 9. THE PANCHAYAT SECRETARY RATWARA, BINDWARA, WEST GRAM PANCHAYAT MUZAFFARPUR 10. THE MUKHIYA RATWARA, BINDWARA, WEST GRAM PANCHAYAT, DISTT. MUZAFFARPUR-------------------RESPONDENTS ----------- For the petitioner: Mr. S.K.Sharma, Advocate For the State: Mr. Shatrughana Pandey, AC to SC-23 ----------- 4 2.5.2011 Heard learned counsel for the parties. Petitioner’s writ was filed when the respondent Panchayat Secretary did not pay her honorarium or salary as the case may be since April, 2008. Petitioner is a validly appointed teacher in the Panchayat and has been working regularly. Court directed the District Superintendent of Education and the Panchayat Secretary to file their counter affidavits as to why the petitioner has been denied the benefit of her emoluments. Counter affidavits thereafter came to be filed by the District Superintendent of Education and the Panchayat Secretary. The stand of the District Superintendent of Education is that the clear direction has been issued to Panchayat Secretary vide letter dated 5.2.2011 to pay the rightful claim of the petitioner at the earliest since there does not seem to be any impediment in such payment. - 2 - Counter affidavit on behalf of Panchayat Secretary has been filed stating that the petitioner did not furnish the absentee report and therefore payment could not be made. A rejoinder on behalf of the petitioner has been filed where she has made a categorical statement that absentee report has been furnished to the Panchayat Secretary. However for the reasons best known to him he is raising the issue of non- furnishing of absentee report for not making payment to the petitioner. From the materials which have been brought on record the Court is convinced that the reason for non-payment to the petitioner by Panchayat Secretary is something else and not on the ground that petitioner had not filed the absentee report. In view of above it is directed that if the petitioner is not paid her rightful dues within four weeks from the date of production of a copy of this order by the Panchayat Secretary, i.e. respondent no. 9, the District Magistrate is given authority to suspend the Panchayat Secretary and initiate a disciplinary proceeding against him, if the necessity for the same arises for non-compliance of the direction of this Court. This writ application is allowed with the above direction. RPS (Ajay Kumar Tripathi,J.)