IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3204 of 2009 DHRUWJEE PATHAK, Son of Late Vishwanath Pathak, Resident of Village- Gayaghat, Post Office- Gayaghat, Police Station- Brahmpur, District- Buxar, presently posted as Assistant Electrical Engineer, Electric Supply Sub-Division, Lal Darawaja, Munger. Versus 1. BIHAR STATE ELECTRICITY BOARD through its Chairman, Vidyut Bhawan, Patna. 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna. 3. The Chief Engineer-Cum-General Manager, Electric Supply Area, Muzaffarpur. 4. The Chief Engineer-Cum-General Manager, Electric Supply Area, Bhagalpur. 5. The Superintending Engineer, Munger. Electric Supply Area Karn Pura Munger. 6. The Electrical Executive Engineer, Electric Supply Division, Siwan. 7. The Electrical Executive Engineer, Electric Supply Division, Munger. 8. The then Assistant Electrical Engineer (Rural) Electric Supply Sub Division, Siwan. 9. The Assistant General Manager, D.M.S. Power Grid, Muzaffarpur. 10. The Deputy General Manager, DMS Power Grid. Muzaffarpur ----------- 3 16.09.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board (hereinafter referred to as the Board). Petitioner is aggrieved by the instruction no. 5 contained in the L.P.C. dated 26.02.2008, Annexure-3, where under direction has been issued to recover the cost of 11,621 Kilograms of old Rabit AC SR wire, which has 2 not been returned by the petitioner to the Divisional store, as has been reported by the Assistant Electrical Engineer (Rural), In-charge of Divisional Store under letter no. 46 dated 13.02.2008. It is further submitted on behalf of the petitioner that after issue of the Last Pay Certificate dated 26.02.2008, he is not being paid salary. Cost of the wire, if not returned by the petitioner, is required to be made good by the petitioner but for such recovery a finding is to be recorded by the authorities that petitioner is responsible for failure to return 11,621 Kilograms of old Rabit A.C. S.R. wire. Having heard counsel for the parties, it is directed that salary of the petitioner be paid from the month of September 2010, if not already paid from before and a proceeding be initiated for adjudicating the charge that petitioner has not returned 11,621 Kilograms of old Rabit A.C. S.R. wire. Petitioner is directed to co-operate in the proceeding. Let petitioner appear before the Joint Secretary of the Board along with a copy of this order, who should not only ensure payment of the monthly salary to the petitioner but also issue of show cause notice for 3 adjudication of the charge of not returning the old Rabit wire. In case the charge is established then for recovery of the cost of the wire, it shall be open for the petitioner to raise the defence raised in Paragraphs 13 and 14 of the writ petition before the authorities of the Board, who will consider the show cause of the petitioner in accordance with law. The writ application is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)