- (1.) IN this writ application the Petitioner has sought a direction on the respondent to make payment of his current salary as well as the arrears of salary which is due from December 2004. It has been stated that the petitioner is posted as assistant Teacher in Agarwala High School, Tisri, Giridih. It has been further stated that the petitioner was appointed as Assistant Teacher in the year 1999 and since then he had been discharging his duties and getting his salary, but suddenly the respondent No. 4 stopped paying salary to the petitioner since December 2004 without assigning any reason for the same. It has been submitted that his salary has been withheld without any order of the competent authority and without issuing any notice and giving him any opportunity of hearing. No proceeding has been initiated against the petitioner and no such penal order has been passed by any competent authority to his knowledge.
(2.) A counter affidavit has been filed on behalf of the respondents admitting the said position of withholding the petitioner's salary and stating, inter alia, that the petitioner's letter of appointment is under scrutiny and the matter is pending before the Director, Secondary Education, Government of Jharkhand since 2004. It has been stated that the petitioner had not submitted his original certificates earlier. The Sub -Divisional Education Officer, Giridih has reported that the original appointment letter and the original certificates of the petitioner were not found in the office of the Head Master of the said school and the petitioner did not care to make the original certificates and appointment letter available for verification of their genuineness. The petitioner had rather furnished photo copies of the original certificates. It has been further submitted that the petitioner drew his salary since December 2004, but on account of his continuous absence from the school on one plea or the other his salary could not be paid to him and Ultimately the amount was deposited in S.B.I., Tisari by a Banker Cheque. It has, been stated that the Drawing and Disbursing Officer is empowered to withhold the salary of his subordinates, if they are found absent from duty for a long time. The petitioner also avoided the work allotted to him in Assembly Election and subsequently reported to the D.E.O., Giridih that he had met with an accident while going on motor cycle, but he did not produce any document to establish the said fact. In the counter affidavit the said facts have not been disputed. There is nothing on record to show that charge has been framed against the petitioner for the allegations levelled against him in the counter affidavit or any departmental proceeding has been initiated or there is any order for withholding the petitioner's salary by any competent authority. It is well settled that any penal action cannot be taken against an employee unless he is informed of the specific charge and given opportunity of defending himself. In absence of any notice or any order passed by the competent authority in accordance with law, the respondents cannot deprive the petitioner of his salary. Withholding of petitioner's salary since December 2004 is thus wholly unjustified, arbitrary and is violative of Articles 14 and 16 of the Constitution of India. The petitioner is entitled to get his salary until and unless any contrary order is passed by the competent authority in a proceeding, on following the procedure established by law.
(3.) CONSIDERING the above, this writ application is allowed. The respondents are directed to pay the petitioner's current salary as well as the arrears of salary, if not already paid, within a period of six weeks from the date of receipt/production of a copy of this order.;