IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5308 of 2010 1. A.S.I. RAM KUMAR DAS S/O SRI JAGNARAIN DAS R/O BEDHANA BIGHA, P.O - JAKHIM, P.S RAFIGANJ, DISTRICT - AURANGABAD PRESENTLY POSTED AT NEW POLICE KENDRA , PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA 2. HOME COMMISSIONER, GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA 3. DIRECTOR GENERAL OF POLICE, MAIN SECRETARIAT, PATNA 4. DY. SECRETARY, STATE HUMAN RIGHTS COMMISSION 9, BAILY ROAD, PATNA. 5. I.G.OF POLICE, STATE HUMAN RIGHTS COMMISSION 9, BAILY ROAD, PATNA. 6. SR. SUPDT OF POLICE, PATNA. 7. DY. SUPDT. OF POLICE MUKHYALAYA-II POLICE KARYALAYA, PATNA 8. DY. SUPDT. OF POLICE, DANAPUR 9. SHRI UDAIPRATAP SINGH, THE THEN OFFICER IN CHARGE, MANER, P.S - PRESENTLY POSTED AT ........ 10. OFFICER IN CHARGE, MANER, P.S DISTRICT - PATNA 11. A.S.I. RAM KUMAR CHOUDHARY, MANER, P.S DISTRICT - PATNA 12. SHRI BHOLA RAI S/O LATE BANKEY RAI VILLAGE - HULASI TOLA, P.S - MANER ,DISTRICT - PATNA 13. SHRI RAKESH KUMAR S/O BHOLA RAI VILLAGE - HULASI TOLA, P.S - MANER, DISTRICT - PATNA 14. SHRI RAVI KUMAR S/O SHRI BHOLA RAI VILLAGE - HULASI TOLA, P.S - MANER, DISTRICT - PATNA ----------- 02. 25.11.2010 Heard learned counsel for the petitioner and learned counsel for the State. In view of the nature of the order to be passed, the Court does not propose to take note of the facts of the case except to the extent necessary, lost it cause prejudice to either side in the pending departmental proceedings. 2 Suffice it to notice that the petitioner is stated to be an Assistant Sub Inspector of Police. Allegedly for discharge of certain official duties, he came within the ambit of a complaint before the Bihar Human Rights Commission. The Commission has directed recovery of a sum of Rs.75,000/- in total from him, which in the first instance was to be paid by the State Government and then recovered from him. In pursuance thereof the order dated 16.2.2010 directing recovery from his salary has been passed. It appears that on 2.8.2009 departmental proceeding had already been initiated against the petitioner, who has also suspended. At this stage, insofar as the order of the Bihar Human Rights Commission is concerned, the Court is primarily concerned with the decision making process and not on the merits of the decision. From perusal of the order of the Commission dated 19.10.2009, it is apparent that the petitioner has had a full opportunity to present his defence which has also been considered by the Commission. The departmental proceeding initiated against the petitioner has to be taken to its logical conclusion in accordance with law and there can be no presumption in the departmental proceeding of guilt 3 with regard to the order of the Human Rights Commission dated 19.10.2009. The findings of the Commission may at best be supportive material in the departmental proceeding, but cannot be conclusive. The Court is not persuaded at this stage to interfere with the orders for recovery dated 19.10.2009 and 16.2.2010. If the petitioner is exonerated in the departmental proceeding, the respondents may be obliged to refund the amount in question to the petitioner along with interest at the Bank rate. The application stands disposed. P.K. ( Navin Sinha, J.)