IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8765 of 2009 RAMNANDAN SINGH, S/O LATE GOURI LAL SINGH, R/O VILLAGE+POST-BISHTPUR, P.S.-SONBARSA, DISTRICT-SAHARSA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. FINANCE SECRETARY, BIHAR, PATNA. 3. DEPUTY CONTROLLER OF ACCOUNTS (FINANCE) KOSHI DIVISION, SAHARSA. 4. COLLECTOR, SAHARSA. 5. DISTRICT ACCOUNTS OFFICER, SAHARSA. 6. CIVIL SURGEON, SAHARSA. 7. MEDICAL OFFICER IN CHARGE SONBARSA, SAHARSA. ………………RESPONDENTS. ----------- 3 20.08.2010 Petitioner in this writ application has challenged the order of the Civil Surgeon dated 20.06.2007, as contained in Annexure-3, by which an amount of Rs.10,406/- has been ordered to be recovered from his salary along with interest. Learned counsel for the petitioner submits that amount of interest has already been deducted from the salary of the petitioner. Earlier counter affidavit was filed by the Civil Surgeon with a stand that the deduction was ordered in the light of direction issued by the Finance Secretary, Bihar, Patna and the Deputy Controller of Accounts (Finance), Koshi Division, Saharsa. This Court therefore, by order dated 05.08.2009 directed - 2 - that counter affidavit must be filed separately on their behalf. Pursuant to that direction a counter affidavit has been filed on behalf of respondent no. 3 i.e. Deputy Controller of Accounts (Finance), Koshi Division, Saharsa. It is stated in the counter affidavit that the petitioner was entitled to get two increments at the time of his pay fixation in revised scale and, therefore, there was no question of recovery of excess amount paid to him. This stand of the respondent no. 3 clearly goes against the order passed by the Civil Surgeon. Therefore, the order of the Civil Surgeon, as contained in Annexure-3, is quashed and the Civil Surgeon is directed to refund the entire amount with interest deducted from the salary of the petitioner on account of his said order dated 20.06.2007 positively within one month from the date of receipt/production of a copy of this order. The writ application is allowed with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)