IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14288 of 2010 BISHWANATH PRASAD, son of Late Bandhu Mahto, Resident of Mohalla: Kagazi, Main Road, P.O.- Biharsharif, P.S.- Biharsharif, District- Nalanda, State- Bihar. ……….Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Building Construction Department, “Vishweshwarraiya Bhawan,” Baily Road, Patna. 3. The Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Building Construction Department “Vishweshwarraiya Bhawan,” Baily Road, Patna. 4. The Chief Engineer (South) Building Construction Department, “Vishweshwarraiya Bhawan,” Baily Road, Patna. 5. The Superintending Engineer, Building Construction Department, Patna Building Circle, Works Circle, Rajvanshi Nagar, Patna 6. The Executive Engineer, Building Construction Department, Nalanda Bhawan Pramandal Biharsharif (Nalanda) 7. The Treasury officer, Nalanda at Biharsharif (Nalanda). 8. The Sub-Treasury Officer, Hilsa (Nalanda) 9. The Director, (Employment & Training), Labour Resources Department, Bihar, Patna. 10. The Principal, Industrial Training Institute (ITI), Hilsa (Nalanda). 11. The Accountant General (A&E), Birchand Patel Path, Patna (Bihar). ………….Respondents For the petitioner : Manish Sahay, Advocate For the respondent AG (Res. 11): Madhuresh Prasad, Advocate For the respondents (1 to 10): Baidhy Nath Thakur,AC to SC 18 ----------- 6. 21.6.2011 Heard learned counsel for the petitioner, learned counsel for the State of Bihar as well as learned counsel for the Accountant General. 2. This writ petition has been filed by the petitioner for a direction to the Accountant General (respondent no. 11) either to authorize the Executive Engineer, Nalanda Bhawan Pramandal at Biharsharif for withdrawal of deposited amount of 2 Rs.76,59,000/- from Sub-Treasury, Hilsa or to transfer the said allotment/amount in Nalanda Treasury at Biharsharif in the light of letter of the Secretary, Building Construction Department dated 30.3.2010 (Annexure-9), so that the bill of the petitioner could be made available to him immediately, and other for other ancillary reliefs. 3. From the admitted facts of the case as well as the arguments of learned counsel for the parties it is quite apparent that the said amount, which was payable to the petitioner, was wrongly deposited in Hilsa Sub-Treasury due to the mistake of Principal of the Industrial Training Institute, Hilsa (respondent no.10), although it should have been deposited in the Nalanda Treasury at Biharsharif. 4. From the materials on record, it is also clear that confusion was created due to the letter of the Secretary Department of Building Construction (respondent no.2) dated 30.3.2010 (Annexure-9) written to the Accountant General Biharsharif (respondent no.11) authorizing the Executive Engineer, Nalanda at Biharsharif, Building Division in that regard, although the said Executive Engineer was not entitled to take such step in regard to Hilsa Sub-Treasury as his jurisdiction was confined only to Nalanda Treasury at Biharsharif. 5. Learned counsel for the Accountant General has also been able to show that if the amount has been deposited in wrong Treasury or Sub-Treasury the said Treasury has to transfer the amount to another Treasury with copy of the 3 directions of the departments and for example he has annexed a letter dated 17.9.2007 (Annexure-B) by which amount was transferred from one Treasury to another Treasury. So the amount deposited in Hilsa Sub-Treasury should also have been sent to the Nalanda Treasury. 6. In the said circumstances this writ petition is disposed of with a direction to the Sub-Treasury Officer, Hilsa (respondent no.8) to transfer the aforesaid amount payable to the petitioner to the Treasury Officer Nalanda at Biharsharif (respondent no. 7) within one month from the date of receipt /production of a copy of this order. Thereafter, the Executive Engineer, Building Construction Department, Nalanda Bhawan Pramandal, Biharsharif must do the needful as per the calculation of the work done and the entitlement of the petitioner without any further delay. Amit ( S.N. Hussain, J.)