IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12914 of 2006 NIRANJAN KUMAR SON OF LATE KAILASH PRASAD YADAV RESIDENT OF VILLAGE HALKARA CHAK, P.O. & P.S. BATH, DISTRICT BHAGALPUR AT PRESENT POSTED AS STORE KEEPER, GANGA PUMP CANAL DIVISION, SURYAGARHA CAMP, MUNGER. Versus THE STATE OF BIHAR & ORS ----------- For the petitioner :- Mr. Rajiv Kumar Verma, Sr. Advocate & Mr. Meeta Sinha. For the State :- Mr. Mukund Mohan Jha, A.C. to S. C. VII ------ 2 28/06/2010 Both from the pleading of the petitioner as well as averments made in the counter affidavit filed by the State, there is nothing to indicate that the responsibility which is being fixed on the petitioner and quantified to a sum of Rs.3,33,582/- is based on any kind of enquiry or show cause issued to the petitioner. There are many communications and correspondences with regard to shortage of certain items and failure of the petitioner to hand over charge to his successor but no finding as such has been reached by any authority after giving an opportunity of hearing to the petitioner. The nature of the dispute being such, the Court would not be inclined to decide the fact on the present pleadings even otherwise since fixing of liability to the extent - 2 - of rupees three lacs and odd on the petitioner will have civil consequences for him. It is desirable that the competent authority first hold an inquiry into the matter before he comes to the conclusion that the responsibility of the petitioner lies to the extent for which he has had to move the Court. Senior Counsel representing the petitioner informs the Court that no deduction or recovery has been made till date. If it is so, then the respondents are advised not to take any action till the enquiry is concluded which in the opinion of this Court should be expedited. This writ application is thus disposed of with the above direction. AMIN (Ajay Kumar Tripathi, J.)