IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12633 of 2005 Smt. Kamla Kumari Sinha, wife of Sri Chandrika Singh, r/o- Village- Kamsheela, P.O.- Rajapatti, P.s.- Baikunthpur, District- Gopalganj. Versus 1. The State Of Bihar 2. Bihar State Social Welfare Board through the Secretary, Bihar State Social Welfare Board, Patna. 3. The Chairman, Bihar State Social Welfare Board, Patna. 4. The Secretary, Bihar State Social Welfare Board, Patna 5. The Convenor, Welfare Extension Project, Ariari, Munger. ----------- 7 27.07.2011 Heard learned counsels for the petitioner, the State and the respondent Bihar State Social Welfare Board. Petitioner seeks to assail the order contained in letter No. 399 dated 28.1.2005 (Annexure-4) whereby she has been called upon to deposit the amount of Rs. 28,676.07/-. It is also the grievance that she has not been paid salary from the month of January, 1984 till date. Prayer has also been made to reinstate her on the post of Gram Sewak. Counter affidavits on behalf of the respondents have been filed. Learned counsel for the respondent Bihar State Social Welfare Board draws attention of the Court to the averments made in the supplementary counter affidavit. It has been pointed out therefrom that petitioner was engaged as Gram Sewak under a project which came to an end w.e.f. 1.5.2004. The petitioner is, therefore, not entitled to be reinstated as the Project in which she was engaged as Gram Sewak is now over. With regard to Annexure-4, it is submitted that the petitioner lodged a criminal case relating to alleged loot of Rs. 2 28.6.1976 vide Ariari P.S. case No. 27 of 1984. On a conclusion of the investigation, the case was found to be false and action in terms of Section 182 and 211 of the Indian Penal Code was recommended against the petitioner. The petitioner thereafter wilfully absented from the assignment. In the light of the facts revealed upon conclusion of investigation, she was served with a notice to refund the amount. A proceeding was also initiated against her for recovery of the said amount from her. The petitioner did not appear in the said proceeding in spite of several notices issued to her. Faced with this situation, the order contained in Annexure-4 was passed which is a notice directing her to deposit the amount failing which legal action would follow. Having considered the materials on record, this Court is not inclined to invoke its extraordinary and equitable writ jurisdiction to quash the order contained in letter dated 28.1.2005. As about the prayer for grant of salary for the period she claims to have worked, this Court would grant her liberty to approach the concerned respondents in this regard by filing appropriate representation which shall be considered in accordance with law. The application is dismissed with the aforesaid liberty. pkj (Kishore K. Mandal, J.)