IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5918 of 2001 HEM NARAIN SHARMA Versus THE STATE OF BIHAR & ORS ----------- 4 04.09.2008 Heard Learned counsel for the petitioner and the State. The petitioner, who was at the relevant time was a Nazir, is sought to be made answerable for a sum of Rs. 73,667/- which he had withdrawn from the Bank and claimed missing on his way to the office, meant for disbursement of salary and bonus to certain employees. He came to this Court against the order for recovery of the amount without issuance of any show cause notice to him when the operation of the impugned order was stayed on 3.5.2001. The penalty proposed being minor in nature, only a show cause notice was required to be given to the petitioner and appropriate consideration thereof. The petitioner is said to have superannuated during the pendency of the writ application. Learned counsel submits that he is not aware of the exact date of superannuation. Moulding the prayer for relief, the submission now is that in view of the subsequent fact of his retirement, the impugned order affecting his pensionary and other retiral dues, without admitting his guilt and without prejudice to his rights and contentions , should the occasion arise for the same in appropriate proceedings, the petitioner is willing to have the amount of Rs. - 2 - 73,667/- deducted from his pension and retiral dues in easy installments. If the petitioner files a representation for release of his full pensionary and other retiral dues in light of the submissions made presently, this Court requires the respondent to ascertain his retiral dues and deduct the amount in question in easy installments therefore so that the petitioner is not deprived of his retiral dues in the evening of his life. Let the determination be done within a maximum period of three months from the date of receipt/production of a copy of this order. pkj (Navin Sinha, J)