IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6246 of 2009 Bhikhari Prasad Rai Versus The State Of Bihar & Ors ----------- 2. 28.07.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. A counter affidavit on behalf of Respondent no. 3 is on record. Further counter affidavit on behalf of Respondent no. 5 is stated to have been filed after serving a copy on the Counsel for the petitioner on 13.5.2010. It is not available on record. The Court therefore requested Counsel for the State to make available his copy for perusal so as not to hold up the proceedings on that ground. Let the office retain a Xerox copy of the counter affidavit of Respondent no. 5 on record. The petitioner, a Junior Engineer, is stated to have been placed under suspension and departmental proceeding initiated on 16.1.2003. Final order of punishment were passed on 31.7.2004 to the following effect:- (a) Censure to be entered in his Character Roll for the year 2001-2002; (b) Stoppage of two increments with non cumulative effect; © Nothing beyond subsistence allowance was payable for the period of suspension which was otherwise to be counted for service; (d) he was required to join in the Water Resources Department after suspension came to an end by the same very order. The petitioner is stated to have superannuated on 31.7.2004. Learned Counsel for the petitioner submits that the counter affidavit of Respondent no. 5 does not controvert his contention that no punishment was imposed by order dated 19.1.2004 for any recovery before his superannuation. There was no other departmental 2 proceeding pending against him or a show cause for any alleged recovery. No proceedings were there converted under Section 43 (b) or initiated under Section 43 (b) either before or after superannuation. The recovery of a sum of Rs. 1,01,650/- from his retiral dues by endorsement made to that effect in his Service Book after his superannuation on 30.9.2004 is wholly illegal and contrary to law. The counter affidavit of Respondent no. 5 admits the deductions and does not deny the contention that it has been done without initiating any proceeding and/or show cause notice prior to the same. It however concedes his claim to the extent that grant of lst and 2nd ACP was under consideration. The deduction is sought to be justified on basis of monetary loss alleged to have been suffered by the State. Those in whom the State placed trust to take proper steps for protecting the interests of the State therefore have a lot to answer. Was it deliberate and by design to make the deductions in a manner contrary to the law to facilitate the petitioner in approaching the Court and seeking relief in a caste iron case. That shall necessarily have to be subject matter of a departmental enquiry. The Court directs Respondent no. 2, the Secretary, Water Resources (Irrigation) Department to examine this aspect of the matter and ensure that charge sheet is issued to the delinquent concerned within a maximum period of two months from the date of receipt and/or production of a copy of this order, if he is so satisfied. In so far as the petitioner is concerned, considering the caste iron case that he has presented and that in the police case final form ultimately came to be submitted which was accepted, obviously after hearing the informant as mandated by the Cr.P.C., that the deduction related to his pensionary dues, a serious matter for a retired employee, 3 the Court directs the sum of Rs. 1,01,650/- to be returned to the petitioner by Respondent no. 4 forthwith within a maximum period of four weeks from the date of receipt and/or production of a copy of this order but without prejudice to the rights of the respondents in accordance with law. It is expected that the consideration for grant of ACP shall likewise be done within a within a maximum period of three months from the date of receipt and/or production of a copy of this order when it is expected that the legitimate dues if any under that head shall be paid within the same period also along with all consequential direction for revision of pension etc. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)