IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.71 of 2007 Baliram Singh, son of Late Ramakawal Singh, resident of Village- Alai, Police Station-Shahajahanpur,District-Patna. …….Petitioner. Versus 1. The State of Bihar. 2. The Secretary, the Human Resources Development (Secondary Education) Department, Bihar,Patna. 3. The Director, the Human Resources Development, (Secondary Education) Department,Bihar, Patna. 4. The District Education Officer, Sheikhpura. 5. The Accountant General, Bihar, Patna. 6. The Treasury Officer, Sheikhpura,District-Sheikhpura. ……Respondents. ----------- 6. 24. 04. 09. Heard learned counsel for the petitioner and the State. It is submitted on behalf of the petitioner that a sum of Rs. 96,227/- has been deducted from the retiral dues of the petitioner without giving any opportunity to the petitioner so that petitioner could have satisfied the authority that nothing is deductable from the retiral dues of the petitioner. Learned counsel for the State submits that during the service petitioner was allowed increment which were admissible to the employees who successfully passed the examination of Hindi Noting and Drafting. Since the petitioner had not passed the above examination but was allowed increment and on being detected the amount which was drawn in excess was recovered from the petitioner. Learned counsel since is not in position to say that opportunity to the petitioner was given to submit his reply for the amount deducted. Learned counsel for the State further submits that petitioner may satisfy the Department even today for which a show cause notice shall be issued to the petitioner within a period of four weeks. - 2 - The petitioner in receipt of the show cause notice shall file a reply to the show cause to satisfy the Respondent No. 4 that the amount which was deducted was not correct within a period of two months from receipt of such show cause notice. In case a reply to the show cause is filed by the petitioner, the Respondent No. 4 shall consider the reply and in case reply is accepted by the competent authority the aforesaid amount of Rs.96,227/- shall be refunded to the petitioner immediately preferably within a period of two months thereafter along with interest at the rate of 10% per annum. The writ application stands disposed of with above observations /direction. m.p. (Shailesh Kumar Sinha, J.)