IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6650 of 2011 MAHESHWAR PRASAD RAI, SON OF LATE RAM BRIKSH RAI, RESIDENT OF VILLAGE INAYATPUR, P.S. PATORI, DISTRICT SAMASTIPUR, RETIRED HEAD MASTER, MIDDLE SCHOOL MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. 3. THE AREA BLOCK EDUCATION OFFICER, MOHIUDDIN NAGAR, SAMASTIPUR. 4. THE ACCOUNTANT GENERAL (A & E)-II, BIHAR, PATNA. ... ... RESPONDENTS. ----------- 2. 15.4.2011. Heard learned counsel for the petitioner, Shri L.P.K. Rajgrihar, learned counsel appearing on behalf of respondent no.4 and Shri Alok Kumar, learned A.C. to A.A.G.2. The petitioner has prayed for quashing of Memo No.Pan-10 S.a.-326(10-11) dated 6.7.2010 issued by the office of respondent no.4/Accountant General whereby recovery order was passed and also one increment granted to the petitioner was cancelled. The said order has been annexed as Annexure-3 to the writ petition. The said memo was addressed to the District Superintendent of Education, Samastipur, pursuant to that deduction has already been made. Learned counsel for the petitioner submits that without affording any 2 opportunity to the petitioner, said order was passed, which is prima facie contrary to the principles of natural justice. Besides this, the order is not sustainable in the eye of law and it is contrary to the Government resolution. Learned counsel for the petitioner submits that after issuance of impugned annexure, the petitioner filed representation before the Accountant General/respondent no.4. However, no decision has been taken till date. With the consent of parties, the writ petition is being disposed of granting liberty to the petitioner to file a fresh representation before respondent no.4 within a period of six weeks from today. If such representation is filed, respondent no.4 is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of such representation. It is made clear that if respondent no.4 considers the claim of the petitioner as genuine, he will pass appropriate order and also order for refund of the deducted amount. All the formalities are to be completed within two 3 months from the date of filing of such representation. Even in case of refusal, respondent no.4 is required to pass a speaking order within aforesaid time. With aforesaid observation and direction, the petition stands disposed of. N.H./ ( Rakesh Kumar,J.)