IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3351 of 2007 Ashutosh Chandra Saha, son of Jaideo Prasad Sah, resident of Village Talia, P.S. & District- Banka …. … Petitioner Versus 1. The State Of Bihar 2. Director, Welfare Department, Govt. Of Bihar, Patna 3. District Magistrate, Madhepura, District Madhepura 4. District Welfare Officer, Madhepura, District Madhepura 5. Treasury Officer, Banka, District- Banka 6. The Accountant General Bihar, Patna …. Respondents ----------- 02/ 13.09.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Block Welfare Officer, Madhepura with effect from 31.1.1993. He has filed this writ petition questioning the direction of the District Welfare Officer, Madhepura contained in Memo No. 06 dated 4.10.2006, Annexure-4 whereunder instructions have been given to the Treasury Officer, Banka to recover a sum of Rs. 55,745/- from the pension payable to the petitioner vide P.P.O. No. 428076, as the aforesaid amount was paid to the petitioner as advance which could not be adjusted during the service tenure of the petitioner. 3. It is submitted on behalf of the petitioner that aforesaid instructions have been issued even without 2 asking the petitioner to submit show cause reply in the matter. In this connection, it is also submitted that aforesaid amount is not due from the petitioner. 4. This writ petition was filed on 16.3.2007 and remained pending for more than four years, but the State- respondents have not chosen to refute the statement made in the writ petition. 5. In the circumstances, I have no option, but to set aside the instructions of the District Welfare Officer, Madhepura contained in Memo No. 06 dated 4.10.2006, Annexure-4, which is, accordingly, set aside with liberty to the District Welfare Officer, Madhepura to pass fresh order after giving opportunity of hearing to the petitioner. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)