IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12368 of 2011 Nand Kishor Singh S/o, Late Rameshwar Singh, Resident of West Lohanipur, P.S.-Kadamkuan, District-Patna, retired Superintendent of Physical Education –cum-District Sports Officer, Buxar. …………. petitioner Versus 1. The State of Bihar. 2. The Secretary, Youth, Culture and Welfare Department, Government of Bihar, Patna. 3. The Deputy Director, Physical Education, Patna Division, Youth, Culture and Welfare Department, Government of Bihar, Patna. ……………..Respondents ---------------------------------- 2 03.08.2011 Heard Mr. Rakesh Kumar Sinha learned counsel for the petitioner as well as learned counsel appearing for the State. The petitioner has moved this Court for a direction to make payment of his arrears of salary for the period September, 2009 to May, 2009, when he superannuated. Learned Counsel submits that there is neither a departmental proceeding pending against him nor he has been served any show cause with regard to any allegation. He submits that in view of the matter, the petitioner not being paid his salary for the above period is arbitrarily. Upon hearing the counsels for the parties, this Court feels that the petitioner can not be denied his salary for the aforesaid period, specially in view of there being no departmental proceeding against him and further in view of the fact that he has not been given any show cause with regard to any allegation which would justify such action by the respondent. Accordingly, this Court directs the respondent no.2 to ensure that the petitioner is paid his unpaid salary for the aforesaid period 2 within a maximum period of four weeks from the date of production/receipt of a copy of this order. It is made clear that the respondent shall be obliged to make such payment in accordance with law specially in view of the rules applicable which clearly specify that unless there is a departmental proceeding or some grave charges against him for which the second show cause has been given for such stoppage of payment, the payment of salary can not be withheld. With the aforementioned direction the writ petition shall stand disposed off. sudha ( Ahsanuddin Amanullah, J.)