IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.496 of 2010 1. LALA NAND KUMAR S/O LATE RAM CHANDRA PRASAD AT AND P.O.- RAHMATPUR, VIA- DISTT.- SAMASTIPUR, PRESENTLY RESIDING AT MOH.- HANUMAN NAGAR ( MAHABIR NAGAR), P.O.- HANUMAN NAGAR, P.S.- KANKARBAGH, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED THROUGH ITS CHAIRMAN SONE BHAWAN, BIR CHAND PATEL MARG, PATNA 3. SHRI TRIPURARI SHARAN, MANAGING DIRECTOR ( AT THE RELEVANT TIME ) BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, BIR CHAND PATEL MARG, PATNA - 1 4. DR. RANA AWADHESH, THE THEN MANAGING DIRECTOR BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, BIR CHAND PATEL MARG, PATNA - 1 5. MRS. BIMLA PRASAD, CHIEF OF ADMINISTRATION BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, BIR CHAND PATEL MARG, PATNA - 1 6. MR. SURESH PRASAD SINHA, CHIEF OF CLAIM BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, BIR CHAND PATEL MARG, PATNA - 1 7. MR. RAJ NARAYAN LALL, CHIEF OF PROCUREMENT-CUM- CONDUCTING OFFICER BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, BIR CHAND PATEL MARG, PATNA - 1 ----------- 06. 18.03.2011 In compliance of the orders of this Court dated 15.3.2011 supplementary show cause has been filed on behalf of opposite party nos.2, and 4 to 7 placing on record yet another communication dated 17.3.2011 addressed to the Managing Director, Food and Civil Supplies Corporation Ltd.(hereinafter referred to as the Corporation), whereunder it has been stated that besides the recovery made in terms of orders dated 20.4.2009, Annexure-34 and 23.9.2010, Annexure-C to the earlier show cause a sum of Rs.3,91,587/- has also been recovered from the retiral dues of the petitioner and remainder amount of Rs.21,211/- was paid under cheque dated 11.1.2007. - 2 - In view of the stand taken by the counsel for the Corporation, I have no option but to dispose of the contempt petition, however with liberty to the petitioner to challenge the orders dated 20.4.2009 and 23.9.2010, whereunder recovery of Rs.2,87,160-47/- and interest over the said amount @ 6 per cent amounting to Rs.2, 46,890-66/- has been directed to be recovered together with communication dated 17.3.2011. It goes without saying that in the writ petition petitioner is at liberty to raise the submission which has been raised in this petition that without establishing the loss caused to the Corporation by the petitioner, the said amount has been recovered. It is also made clear that in case, the writ petition succeeds, the Corporation shall have to pay interest @ 18 per cent to the petitioner w.e.f. the date the amount become payable to the petitioner. Rajesh/ (V.N. Sinha, J.)