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2003 DIGILAW 1026 (PAT)

Shanti Devi v. State Of Bihar

2003-09-18

NARAYAN ROY

body2003
Judgment 1. Heard counsel for the parties. 2. This writ application is directed against the orders, as contained in Annexures 1 and 2, whereby and whereunder the salary of the petitioner has been withheld and he has not been allowed to work till verification of the genuineness of appointment of the petitioner and others. 3. Learned counsel appearing on behalf of the petitioner submitted that by virtue of the order, as contained in Annexure 4, the petitioner was appointed on the post of Orderly Peon against the vacant sanctioned post in Girls High School, Berumpur in the District of Darbhanga and thereafter she was transferred vide order, as contained in Annexure 5 to M.K.P. High School Laheriasarai, on the same post and while she was continuing on the post of Orderly Peon, the communique, as contained in Annexure 2, was issued asking the headmaster of the school in question not to take work from the petitioner and to withhold her salary till the matter regarding her appointment is enquired and verified. It is further submitted by learned counsel appearing on behalf of the petitioner that till date the petitioner has not received any communication from the authority concerned informing her as to whether her appointment has been found to be genuine or otherwise nor till date. She has been terminated from service. 4. A counter affidavit has been filed on behalf of respondent no. 4. 5. From the tenor of the counter affidavit, it appears that the authorities have doubted the appointment of the petitioner and the matter is being enquired into. 6. From the writ petition, it appears that the petitioner is aggrieved by the order withholding her salary and allowing her not to work. 7. From the pleadings of the parties, it appears that the matter is pending inquiry since 1999 and till date, no communication, whatsoever, has been received by the petitioner as to whether her appointment has been found to be genuine or otherwise. 8. Salary of a Government servant may be stopped for certain reasons, but the same cannot be withheld for indefinite period. The underlined purpose of withholding salary of the petitioner in the instant case appears to be on account of verification of the genuineness of her appointment. Till date the matter appears to be pending inquiry. 9. 8. Salary of a Government servant may be stopped for certain reasons, but the same cannot be withheld for indefinite period. The underlined purpose of withholding salary of the petitioner in the instant case appears to be on account of verification of the genuineness of her appointment. Till date the matter appears to be pending inquiry. 9. The order withholding the salary of the petitioner for indefinite period, therefore, cannot be allowed to sustain. In this regard, reference may be made to the case of Ram Pati Mishra and others vs. State of Bihar & Ors. [2001 (3) Patna Law Journal Reports, 462] and the case of Radha Kumar and another vs. State of Bihar and Ors. [2002 (3) Patna Law Journal Reports, 794]. This Court in these two cases held that withholding of salary for indefinite period is not permissible. In the instant case, a period of more than 4 years has elapsed and the authorities have not issued direction for payment of salary to the petitioner, which was withheld vide orders, as contained in Annexures 1 and 2. 10. For the reasons and discussions aforementioned, the orders impugned, as contained in Annexures 1 and 2, are held to be wholly arbitrary, unreasonable and without jurisdiction. 11. In the result, this application is allowed, the orders impugned, as contained in Annexures 1 and 2, are set aside, so far as the petitioner is concerned, and the authorities concerned are directed to pay her arrear as well as current salary forthwith and not beyond a period of six weeks from the date of receipt/production of a copy of this order.