IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2885 of 2009 MAZAHAR ALAM Versus THE STATE OF BIHAR & ORS ----------- 2 4/3/2009 Heard Mr. Awadhesh Kumar Mishra, learned counsel for the petitioner as also counsel for the State. This Court finds no justification in either of the two impugned orders passed by the Senior Superintendent of Police, Patna and the D.I.G. Central Zone, Patna. Whatever may be the merits of allegation brought by respondent no.5 against the petitioner as with regard to private loan being swallowed by the petitioner, at least departmental authority do not have any jurisdiction to adjudicate the same, muchless, to pass order for its recovery from the salary of the petitioner. Mr. Mishra informs this Court that the Senior S.P., Patna who was earlier party to passing such order for recovery of the amount of private loan allegedly advanced by respondent no.5 to the petitioner on being shifted or promoted as D.I.G has confirmed his own order. If that 2 be so it is really unfortunate. This Court, accordingly, would direct the Director General of Police of this State to examine the order passed by the Senior S.P as also the D.I.G which is impugned in this writ application and after affording an opportunity of hearing to the petitioner as well as respondent no.5 must pass a corrective order. It has to be however kept in mind by the Director General of Police, Bihar that the petitioner is a police man governed by the Police Manual and the statutory service Rules therefore any recovery of only governmental amount can be made from the salary of the petitioner. An amount of private loan, in fact, cannot be even made subject matter of misconduct in a departmental proceedings. In that view of the matter, a private dispute of respondent no.5 with the petitioner as with regard to advancement of loan can definitely be looked into and decided by the only by a competent civil court. This Court, therefore, expects from head of the police force to pass an 3 appropriate order within a period of three months from the date of receipt/production of a copy of this order. Till such an order is passed, recovery sought to be made from salary of the petitioner in terms of the impugned order from today onwards, shall remain stayed. With the aforesaid observations and directions this writ application is finally disposed of. (Mihir Kumar Jha, J.) Abhay Kumar