IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2103 of 2008 Ram Briksh Sharma, Son of Late Dobhari Singh, Resident of village Lalbigha, P.S. Kashichak, District-Nawadah. ……. Petitioner. VERSUS 1. The State of Bihar, through Principal Secretary, Water Resources Department, Government of Bihar, Patna. 2. The Under Secretary, Water Resources Department, Government of Bihar, Patna. 3. The Chief Engineer, Water Resources Department, Siwan. 4. The Executive Engineer, Drainage Investigation Division, Muzaffarpur. 5. The Executive Engineer, Saran Division, Chapara. 6. The Sub-divisional Officer, Drainage Investigation Sub-division Sahpur Patori, District-Samastipur. 7. The Accountant General, Bihar. …….. Respondents. ----------- 02 05.02.2009 The petitioner superannuated as Assistant Engineer on 30.11.2007. On 19.12.2007 the Chief Engineer, Water Resources Department, Siwan passed an order holding petitioner liable to pay about Rs. 2.19 lacs to the State Government for loss of material. It is not in dispute that no proceeding whatsoever were initiated in respect of the said recovery ordered and it is also not in dispute that the proceeding in terms of Rule 139 of the Bihar Pension Rules is now being sought to be initiated as would be evident from letter dated 28.08.2008 (Annexure- 10), which is a show cause to the petitioner. The petitioner’s reply to the show cause has been filed and the matter is yet to be decided but before the matter could have been decided deductions have already been made. The deductions have been made as evident from the counter affidavit of the Accountant General that is also not in dispute. In my view, the deduction is not authorized by law. No amount can be deducted from the pensionary benefits of an ex 2 employee, without there being a proceeding in that regard. Deduction from pensionary benefit has adverse consequences and as such without a proceeding such a deduction is wholly unwarranted and unauthorized in law and is contrary to Article 300 (A) of the Constitution. It is clear that it is only now in September 2008 that some sort of proceeding is sought to be initiated, therefore, there was no justification in making such deductions. In view of the aforesaid facts the deductions as made has to be reversed and the petitioner paid the amount subject to the result of the proceeding, as noted above. The amount should be refunded to the petitioner within one month of petitioner filing an application before the Secretary, Water Resources Department, Government of Bihar, Patna and it is undoubtedly expected to the petitioner to cooperate in the proceeding. The writ petition is thus allowed. Trivedi/ (Navaniti Prasad Singh, J.)