IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15042 of 2008 RAJESH PRASAD, son of late Dasai Ram, resident of Village – Makhra, P.S. Daudnagar, District – Aurangabad (Bihar) Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Patna. 2. The Sub-Divisional Certificate Officer, Daudnagar, District – Aurangabad (Bihar). 3. The Sub-Divisional Police Officer, Daudnagar, Aurangabad (Bihar). 4. The Station House Officer (Officer Incharge), Daudnagar Police Station, District – Aurangabad (Bihar). ----------- 04. 17.11.2009 Petitioner had to rush to this Court to challenge the certificate proceeding initiated against his father which was registered as Certificate Case No. 2 of 2001-02. The Certificate Officer is Certificate Officer cum SDO, Daudnagar, Aurangabad. The background to the said case is that a sum of Rs.40,000/- was advanced to the father of the petitioner as he was the Headmaster of a Primary School for carrying out certain development works in the said school. But the said money was advanced not only to the father of the petitioner but also to one Jairam Das who belonged to the said village in the joint name. The money was received jointly by both and since it was not accounted for, the Block Development Officer in his wisdom decided to initiate a certificate proceeding in the matter. The certificate proceeding, however, was confined to the father of the petitioner and the said Jairam Das was not impleaded as a joint certificate debtor. On the death of the father of the petitioner, it is alleged that petitioner was substituted mechanically in his place and warrant of arrest came to be issued. This has been done without any notice or opportunity to the petitioner and in this background he - 2 - filed the present writ application challenging the entire proceeding. In response to the writ application a counter affidavit has been filed on behalf of the State. They have stated that money was advanced and that is how a certificate proceeding came to be initiated. They do not however offer any explanation as to why the said Jairam Das had been kept out of the ambit of the certificate proceeding and indulgence has been shown to him. If advance has been made jointly to both father of the petitioner as well as the said Jairam Das, the certificate proceeding should have been initiated against both and action should be taken jointly. There is also silence with regard to the impleadment of petitioner in place of his father without proper application or notice to him. However, they have annexed an application which was filed by the petitioner before the Certificate Officer on 1.8.2008 owning the part of the liability and his willingness to pay the principal amount if the interest is waived. In response to Annexure-B the so-called application of the petitioner filed before the Certificate Officer, petitioner submits that this has been done under duress and coercion since warrant of arrest has been issued against the petitioner and he had no option but to own up under the above circumstances when officer Incharge turned up on his door to execute the warrant. From the narration in the writ application coupled with the stand of respondents, the Court has no hesitation in recording that the certificate proceeding has been initiated in a very adhoc manner without application of mind to the issues and the procedure. Initiation - 3 - of certificate proceeding is not to get hold of first available person and compel him to cough up the amount so that the object of recovery is reached. The procedure is laid down and compliance of the same is a must. In view of the above keeping in mind that certificate proceeding has been initiated only against the father of the petitioner and petitioner has been impleaded as a party without following the procedure, the certificate proceeding against the petitioner stands quashed. Liberty is granted to the concerned authority to take a corrective steps before any further proceeding could be initiated or is taken. The writ application is allowed. rkp (Ajay Kumar Tripathi, J)