IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4316 of 2010 1. DEVENDRA NATH SINGH S/O LATE TILAK DHARI SINGH, THE THEN IN-CHARGE DISTRICT MANAGER, BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION LTD. DARBHANGA, PRESENTLY POSTED AS IN-CHARGE DISTRICT MANAGER BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD. NR. RAJAPUR PUL, P.S.- BUDHA COLONY, DISTT.- PATNA, R/O JULA NIKETAN, FLAT NO.- C-2, ANAND PURI, WEST BORING CANAL ROAD, P.S.- SHRIKRISHNAPURI, DISTT.- PATNA 2. NAGENDRA CHAUDHARY S/O LATE PITAMBAR CHAUDHARY, THE THEN ASSISTANT MANAGER, BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD. MANIGACHHI, DISTT.- DARBHANGA AND PRESENTLY POSTED AS ASSISTANT MANAGER, BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD. DARBHANGA, R/O VILL.- CHAUHATTA, P.S.- BISPHI, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLY, GOVT. OF BIHAR, PATNA 2. BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION, THROUGH THE MANAGING DIRECTOR SONE BHAWAN, 5TH FLOOR, VIRCHAND PATEL MARG, PATNA 3. THE COLLECTOR MADHUBANI 4. THE COMMISSIONER DARBHANGA 5. CHIEF OF CLAIMS BIHAR STATE FOOD AND CIVIL SUPPLY CORPORATION, SONE BHAWAN, VIRCHAND PATEL MARG, PATNA 6. CHIEF OF PROCUREMENT OFFICER BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION OF INDIA LTD. SONE BHAWAN, VIRCHAND PATEL MARG, PATNA 7. SUNIL KUMAR SINGH, TRANSPORTING AGENT BIHAR STATE FOOD & CIVIL SUPPLY CORPORATION LTD. DARBHANGA 02/ 23.03.2010 Heard learned counsel for the petitioners, the State of Bihar and the Bihar State Food and Civil Supply Corporation, Patna (hereinafter referred to as the Corporation). 2. Petitioners are serving on the post of District Manager and Assistant Manager in the Corporation. They are aggrieved by the order dated 18.12.2009, passed by the Chief of Claims of the Corporation, as contained in Annexure-3, whereunder a sum of Rs. 27014.33 each has been directed to be recovered from the petitioners - 2 - in the light of the findings recorded by the Collector, Madhubani under orders dated 24.1.2007, Annexure-1 passed in Confiscation Case No. 19 of 2005-06, which has also been affirmed by the Divisional Commissioner under orders dated 21.7.2009, passed in Misc. Case Nos. 60, 62 of 2006-07, as contained in Annexures-2 and 2/1 to this application. 3. It is submitted on behalf of the petitioners that recovery of Rs. 27,014.33 tantamounts to imposing punishment in terms of the service regulation applicable to the employees of the Corporation. It is also submitted that before passing the order dated 24.1.2007, Annexure-1, learned Collector, Madhubani never issued any notice to the petitioners, as such, the findings recorded in the said order could not have been relied upon by the Chief of Claims of the Corporation for recovery of the aforesaid amount without initiating any proceeding for such recovery. 4. I see substance in the submission raised by the counsel for the petitioners and, accordingly, set aside the order dated 18.12.2009, Annexure-3, so far it concerns the petitioners and direct the Managing Director of the Corporation to initiate a proceeding against the petitioners for recovery of the aforesaid amount of Rs. 27,014.33 on the basis of the findings recorded in the orders passed by the Collector, Madhubani dated 24.1.2007, Annexure-1 duly affirmed by the Commissioner, Darbhanga Division under orders dated 21.7.2009, Annexures-2 and 2/1. 5. It goes without saying that in the proceeding, petitioners - 3 - will be at liberty to file their written defence, which should be considered objectively without being impressed by the findings recorded under orders dated 24.1.2007 and 21.7.2009, Annexures-1, 2 and 2/1 to this application. 6. The writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)