IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.160 of 2003 RAM CHANDRA PRASAD son of Late Dular Prasad Singh, resident of Mohalla Indrapuri, Road No. 1, Police Station Pataliputra, District Patna-24. ….Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, Agriculture, Bihar, Patna. 3. The Joint Director, Agriculture Engineering, Bihar, Patna. 4. The Deputy Director, Agriculture Engineering, Work Shop, Patna. … Respondents ----------- 5. 09.07.2009. Heard counsel for the petitioner and counsel for the State. In this writ application, the petitioner has made prayer to the following reliefs:- “(i) To issue rule in the nature of certiorari to quash the impugned office order vide Memo No. 112/520 dated 27.12.2002 issued by the Respondent no. 4, whereby and whereunder the petitioner has been asked to deposit difference payment of salary, with effect from the year 1996 received due to promotion on the post of Accountant and has thereby reducted the scale from, Rs.4500- 7000 (revised scale) of senior selection grade to Rs.4000-6000. (ii) To issue rule in the nature of Mandamus commanding the respondents not to interfere with the present scale of pay of the petitioner (Rs.4500-Rs.7000/).” After some argument, learned counsel for the petitioner with reference to the penal nature of the impugned order seeks liberty to move before the Principal Secretary-cum-Agriculture Production Commissioner who is the Head of Department and is empowered to cure any defect in the impugned order passed by the Director, Agriculture or his subordinate officers namely the Deputy Director, Agriculture (Engineering Work Shop), Patna . While this Court would allow such prayer of the petitioner , it is made clear that the interim order passed by this Court on 29.1.2003 staying recovery shall stand vacated, if the petitioner does - 2 - not file a representation before the Principal Secretary-cum- Agriculture Production Commissioner within a period of one month from today and the said interim order shall in fact continue only till an order of the Principal Secretary-cum-Agriculture Production Commissioner is passed and thereafter the order for recovery of amount from petitioner in terms of the impugned order shall abide by the decision taken on such representation of this petitioner. With the aforesaid observations and directions, this writ application is dismissed as withdrawn. Let a copy of this order be given to Mr. Amanullah, Standing Counsel 17. kanchan (Mihir Kumar Jha, J.)