IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2155 of 2007 PRITAM SINGH MARWAHA, son of Late Radha Singh Marwaha, residing at Flat No.403, Anand Shree Complex, Ram Krishna Path, North S.K.Puri, P.s.Sri Krishna Puri, Patna.---Petitioner. Versus1. 1. THE STATE OF BIHAR through the Commissioner- cum-Secretary, Department of Industry, Government of Bihar, New Secretariat, P.S.Sachaivalaya Thana, Distt-Patna 2. The Bihar State Khadi and Village Industries Board,, Mahesh Bhawan, East Gandhi Maida, Patna 3.The Chief Executive Officer, Bihar State Khadi and Village Industries Board, Mahesh Bhawan, Gandhi Maidan, Patna.-Respondents For the petitioner : Mr. Shambhu Prasad Barnwal For the Board : Mr. Uma Kant Singh For the State : Mr. Kumar U.B.Roy,G.A.4. ----- 9. 29.10.2009. Heard learned counsel for the parties. The petitioner has come before this Court seeking payment of post retiral benefits. During the pendency of the writ application, petitioner was paid part of his retiral dues towards gratuity, unutilized leave salary and contributory provident fund. The respondent-Board calculating the admissible dues of the petitioner against the said heads came to a conclusion that the petitioner was entitled to receive a total amount of Rs.3,80,462/- against the said heads. However, thereafter, proceeding on the basis of audit objection, they took a decision to deduct an amount of Rs.1,63,346/- said to be 2 raised for the period 2001-2002 and an amount of Rs.40,775/- on the basis of audit objection for the period 1997-98, the total amount coming to Rs.2,03,121/-. The other amounts were withheld to the tune of Rs.50,000/- and Rs.10,593/-, but the petitioner admits that the amount of Rs.50,000/- has been adjusted as he had already received the said amount. In so far as the amount of Rs.10593/- is concerned, the same was refunded to the petitioner subsequently. The details have been mentioned in memo no.655 dated 26.10.2007 of the respondents Board brought on record at Annexure-8 to the supplementary affidavit and also placed at Annexure-A of the counter affidavit filed on behalf of the respondent Board. As the amount of Rs.50,000/- was adjusted by the respondents Board as admitted by the petitioner and the amount of Rs.10593/- was subsequently refunded to him, no dispute subsists regarding the said amounts. As of today, only dispute pertains to the recovery of the amount of Rs.1,62,346/- for the period 2001-2002 and Rs.40,775/- for the period 1997-1998, both of which, were with-held on the basis of the audit objection, the total amount 3 coming to Rs.2,03,121/-. The petitioner, apart from that, has also received an amount of Rs.76,696/- towards his dues under the recommendations of Justice Udai Sinha Committee as admitted by him in para-18 of the writ application. As the order bearing memo no.655 dated 26.10.2007 came during the pendency of the writ application and was brought on record by way of supplementary counter affidavit filed by the respondent Board, the petitioner had filed interlocutory application bearing I.A.No.5530 of 2009 seeking amendment in the prayer portion of the writ application for incorporating the prayer of quashing the order as contained in Annexured-A to the counter affidavit in so far as it seeks recovery of the amount of Rs.2,03,121/- from the petitioner. The interlocutory application is allowed. The matter as rests today is that almost all the admissible retiral dues of the petitioner has been paid to him, save and except, of the recovery of Rs.2,03,121/- impugned under order contained in Annexure-8. Learned counsel for the Board failed to 4 justify as to how the said recovery could be made from the retiral dues of the petitioner without issuing any cause notice to him or giving him any opportunity to explain the position much less initiation of any regular proceeding in this regard. It is clear that the action of the respondent Board in unilaterally passing the order as contained in Annexure-8 without giving any opportunity to the petitioner of explaining the stand rather merely proceeding on an audit objection relating to the period 2001-2002 and 1997-1998, is in clear violation of the principles of natural justice and cannot be sustained in law. Learned counsel appearing on behalf of the petitioner draws the attention of this Court towards an order of this Court dated 9.2.2007 passed in a similar matter bearing C.W.J.C.No.12504 of 2001 (Annexure-9) in which this Court, after considering the issue that the recovery proceeding had been made without following the principles of natural justice and without hearing the concerned petitioner, was pleased to quash the same and directed for refund of the amount so recovered. 5 As the case of the present petitioner stands on similar footing, the order as contained in Annexure-8 bearing memo no.655 dated 26.10.2007 is quashed, in so far as it seeks recovery of total amount of Rs.2,03121/-. The respondents are directed to forthwith refund the said amount of Rs.2,03,121/- to the petitioner within a period of four months from the date of receipt/production of a copy of this order. Petitioner raises some dispute with regard to the calculation of the arrears of salary as mentioned in item no.3 of the said order and also the amount of contributory provident fund as mentioned in para-4. The petitioner may raise his grievances, if so advised, before the Chief Executive Officer, respondent no.3 of the Board within a period of four weeks of the disposal of this application and respondent no.3 would consider the same and pass necessary orders thereon. In case, the petitioner has been able to make out a case of any further claim towards his arrears of salary and contributory provident fund and the same is found to be admissible, respondent no.3 would make 6 payment of the same within three months of the order. However, if the claim raised by the petitioner is not found to be admissible, it should be rejected by reasoned speaking order to be passed within the same period of three months. The writ application is disposed of with the directions aforesaid. ahk (Jyoti Saran,J.)