IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.97 of 2010 1. GOPAL DUTTA SHUKLA S/O LATE RAMNATH SHUKLA R/O VILL- BAGAURA, P.S- DARAUNDA, DISTT- SIWAN, PRESENTLY POSTED AS TIME KEEPER, SITAMARHI DEPOT, BIHAR STATE ROAD TRANSPORT CORPORATIONJ, SITAMARHI, DISTT- SITAMARHI Versus 1. BIHAR STATE ROAD TRANSPORT CORPORATION PARIVAHAN BHAVAN, VEER CHAND PATEL PATH, PATNA THROUGH ITS ADMINISTRATOR 2. THE ADMINISTRATOR, BIHAR STATE ROAD TRANSPORT CORPORATION, VEER CHAND PATEL PATH, PATNA 3. THE CHIEF OF OPERATION, BIHAR STATE ROAD TRANSPORT CORPORATION, VEER CHAND PATEL PATH, PATNA 4. THE CHIEF OF ADMINISTRATION PATNA BIHAR STATE ROAD TRANSPORT CORPORATION, VEER CHAND PATEL PATH, PATNA 5. THE CHIEF ACCOUNTS OFFICER, BIHAR STATE ROAD TRANSPORT CORPORATION, VEER CHAND PATEL PATH, PATNA 6. THE DIVISIONAL MANAGER, BIHAR STATE ROAD TRANSPORT CORPORATION, MUZAFFARPUR, DIVISION, MUZAFFARPUR 7. THE DEPOT SUPERINTENDENT BIHAR STATE ROAD TRANSPORT CORPORATION, SITAMARHI DEPOT, SITAMARHI ----------- For the petitioner : Mr. V.R.P.Singh, Advocate. For the Corporation : M/S. P.K.Verma & Nand Kumar Singh, Advocates. ======= 3. 05.02.2010. Heard learned counsel for the petitioner and the counsel for the Bihar State Road Transport Corporation (hereinafter referred to as the “Corporation”). 2. Petitioner, who is a Time Keeper serving in the Sitamarhi Depot of the Bihar State Road Transport Corporation, has filed this writ application praying, inter alia, to direct the respondent-Divisional Manager not to deduct any amount from his salary pursuant to the office order bearing no. 455 dated 10.09.2009, Annexure-1 and Letter No. 3878 dated 11.11.2009 since the authorities have deducted a sum of Rs. 2000/- from his salary for the month of October, 2009 on account of loss caused to the Corporation without giving him any notice for such deduction. It is submitted on his behalf that he being the Time Keeper is always present in the depot during the duty hours assigned to him and he is not responsible for any loss in the earning of the Corporation. 3. Counsel for the Corporation has opposed the prayer and he - 2 - states that in the light of the office order dated 10.09.2009 issued in terms of the policy decision of the Corporation with the approval of the Hon’ble Supreme Court loss caused to the Corporation is liable to be recovered from the employees serving in the depot after service of notice to the employ concerned and for such purpose petitioner has been served with notice bearing letter no. 3575 dated 22.12.2009 calling upon him to show cause as to why sum of Rs. 375/- be not deducted from his salary for the month of October, 2009. 4. Having heard counsel for the petitioner and the Corporation, I direct the petitioner to file his show cause reply within two weeks pursuant to notice dated 22.12.2009 copy whereof has been served on the counsel for the petitioner in the Court itself and thereafter the Divisional Manager should pass appropriate orders in accordance with law. In the event it is found that petitioner is not responsible for any loss to the Corporation then the amount already deducted, if any, be refunded to the petitioner. 5. This application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)