IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3295 of 2007 RAM KRISHNA CHOUDHARY, S/O LATE BUDHU LAL CHOUDHARY, RESIDENT OF MOGALPURA, FAUZDARI KUAN, P.S. KHAJEKALAN, DISTRICT- PATNA. ... ... PETITIOER. Versus 1. THE STATE OF BIHAR 2. MR. ANUP KUMAR SINHA, THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD. 3. MR. ANIL KUMAR SINHA, THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD. ... ... OPPOSITE PARTIES. ----------- 7. 14.10.2009. In compliance of the orders of this Court dated 25.4.2007 passed in C.W.J.C. No.1614 of 2003, the Secretary of the Bihar School Examination Board has passed order bearing Memo No.2096 dated 15.10.2008 whereunder he has held that as the petitioner failed to submit the vouchers at the relevant time the amount advanced for the purposes of managing the evaluation centre(s) could not be adjusted and shall be recovered from his retiral dues. If the petitioner having spent the advanced amount had not submitted the vouchers it was for the Board at the relevant time itself to initiate a proceeding for such lapse and recover the amount. Now the petitioner having retired, payment of his retiral dues cannot be with-held for adjusting the amount advanced while the - 2 - N.H./ petitioner remained in service. This may be the legal position but as erroneous order has been passed by the Secretary of the Board, this Court grants the petitioner liberty to challenge the said order by filing appropriate writ petition. The M.J.C. application is disposed of. ( V.N. Sinha,J.)