IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17937 of 2009 1. UDAY NARAYAN MISHRA S/O LATE SHRIKANT MISHRA, VILL+POST+P.S-KHIRHAR, DISTT- MADHUBANI 2. RAJEEV KUMAR SAHU S/O LATE MANORANJAN PRASAD SAHU SARAIYAGANJ PANKAJ MARKET, MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH SECRETARY DEPARTMENT OF BIHAR STATE ROAD TRANSPORT CORPORATION, BIHAR PATNA 2. ADMINISTRATOR BIHAR STATE ROAD TRANSPORT CORPORATION, BIHAR, PATNA ----------- 05. 19.01.2010 Heard learned counsel for the petitioners and the counsel for the Bihar State Road Transport Corporation(hereinafter referred to as the “Corporation”). 2. Petitioners are the employees of the corporation. They have filed this writ application praying inter alia to direct the Corporation not to recover the amount of Rs.2298/- from petitioner no.1 and Rs.3,000/- from petitioner no.2 in compliance of the orders of the Corporation dated 10.9.2009, Annexure-1 whereunder policy has been evolved by the Corporation for recovery of the loss suffered by it on account of inaction of the employees who are deputed to ply and oversee the plying of the buses by the Corporation. 3. It is submitted on behalf of the petitioners that direction to recover the aforesaid amount was issued by the Chief of Operation and such fact would appear from Annexure-3 to the supplementary affidavit, whereunder the Accounts Officer has forwarded the list of the employees to the Depot Manager indicating the amount which is to be recovered from each of the employees named therein. 4. Counsel for the Corporation has opposed the prayer made in the writ petition. He states that recovery is being made from the employees of the Corporation to recover the loss suffered by the Corporation pursuant to - 2 - the package approved by the Supreme Court of India and the punishment of recovery of the amount shall be imposed on the petitioners only after giving them opportunity to satisfy the Corporation that they are not responsible for the loss suffered to the Corporation. In this connection, learned counsel for the Corporation has placed before this Court the notice bearing letter Nos.137, 146 dated 5.1.2010, whereunder petitioner nos.1 and 2 have been asked to show cause as to why the amount of Rs.2298/- and 3,000/- be not recovered from their salary for the month of October, 2009. It is submitted on behalf of the Corporation that the salary for the month of October has already been released and recovery pursuant to the aforesaid notice shall be made from the salary of the petitioners for the subsequent month after the show cause reply filed by the petitioners are considered, provided the reply is filed by them within the time indicated in the notice dated 5.1.2010. 5. Having heard counsel for the parties, I dispose of this writ application with direction to the petitioners to file their reply to the notice dated 5.1.2010 before the Chief of Operation within two weeks from today, copy of the notice has been served on the counsel for the petitioners in the Court itself and service of notice on the counsel shall be taken as service on the petitioners. The Chief of Operation should consider the reply and pass appropriate orders taking into account the submission raised in the show cause reply. In the event, show cause reply filed by the petitioners are found satisfactory, it goes without saying that the amount shall be refunded to the petitioners, if already recovered. Rajesh/ (V.N.Sinha, J.)