IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.945 of 2007 Anil Kumar Pramod, AGED ABOUT 57 YEARS, SON OF LATE BASUDEO VERMA, RESIDENT OF VILLAGE- SARWAN BHADISARA, P.S. GORAKHANI, P.S. BIKRAM, DISTT- PATNA AT PRESENT JUNIOR ENGINEER, FLOOD CONTROL DIVISION, THAKRAHA CAMP GOPALGANJ :---PETITIONER. Versus 1. The State Of Bihar 2. COMMISSIONER-CUM-SECRETARY, WATER RESOURCES DEPTT. SINCHAI BHAWAN, PATNA. 3. CHIEF ENGINEER, WATER RESOURCES DEPTT. SIWAN. 4. SUPERINTENDING ENGINEER, FLOOD CONTROL CIRCLE, PADRAUNA, DISTT- KUSHINAGAR (U.P) 5. EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION NO. III, MADHUBANI, CAMP- PADRAUNA, DISTT- KUSHINAGAR (U.P) 6. SUBDIVISIONAL OFFICER, FLOOD CONTROL SUB DIVISION NO. III, MADHUBANI :---RESPONDENTS. ----------- 02. 21.07.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Junior Engineer in the Flood Control Division No. III, Madhubani Camp, Padrauna. He has filed this writ petition praying, inter alia, to direct the Executive Engineer, Flood Control Division No. III, Madhubani Camp, Padrauna to dispatch his Pass-Book, Service-Book, No Dues Certificate to his present place of posting i.e. Flood Control Division, Thakraha Camp, Gopalganj. 3. Counsel for the State with reference to the averments made in the counter affidavit as also the annexures appended therewith states with reference to the office order bearing Letter No. 798 dated 08.09.2004, Annexure-A to the 2 said counter affidavit that petitioner was relieved to join his new place of posting at Thakraha, Gopalganj with effect from 08.09.2004 and his Last Pay Certificate was also forwarded to the new place of posting under Letter No. 905 dated 08.10.2004, Annexure-B to the counter affidavit, whereunder specifically it was stated that petitioner while being relieved had not handed over charge. 4. Counsel for the State with reference to the letter of Sri Surendra Prasad, Junior Engineer who joined in place of the petitioner bearing memo no. 79 dated 25.08.2006 further submitted that the boulders kept in the charge of the petitioner was found short and when such fact was brought to the notice of the petitioner by Sri Surendra Prasad he refused to countersign the letter and such fact was also incorporated in the letter dated 25.08.2006. 5. Counsel for the petitioner in rejoinder submitted that after being relieved on 08.09.2004 petitioner informed the Executive Engineer relieving him that his successor being not available, he could not hand over charge of the boulders and other materials to the relieving 3 Junior Engineer and such fact is found mentioned in the letter of the petitioner dated 10.09.2004, Annexure-4 to the writ petition. It is further submitted with reference to the contents of Annexure-4 that for loss of boulder during the period between 08.09.2004-24.08.2006 when Sri Surendra Prasad got the boulders measured petitioner cannot be held responsible. 6. Having heard counsel for the parties, I direct the petitioner to approach the Engineer-in- Chief and make the submission before him which is noted in my order, whereafter Engineer-in- Chief shall pass appropriate orders as early as possible, in any case within one month of the receipt/production of the order after hearing the petitioner, Executive Engineer who relieved the petitioner as also the Junior Engineer who joined in place of the petitioner. 7. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)