IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15863 of 2008 ***** Dhanbir Jha, aged about 52 years, Junior Engineer, Zila Parishad, Madhubani, Son of Late Punit Lal Jha, Permanent resident of village+Post – Gandhwar, Block-Rahika, P.S.-Rahika, District- Madhubani. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhubani. 3. The District Certificate Officer, Madhubani. 4. The Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Madhubani. 5. The District Engineer, Zila Parishad, Madhubani. 6. The Sub Divisional Officer, Jhanjharpur Sub Division, District-Madhubani. …. …. Respondents with CWJC No.15898 of 2008 ***** Naresh Kumar, aged about 51 years, Junior Engineer, Zila Parishad, Madhubani, Son of Late Jagdish Parihar, Permanent resident of Stadium Road, Chitragupta Nagar, District-Madhubani. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhubani. 3. The District Certificate Officer, Madhubani. 4. The Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Madhubani. 5. The District Engineer, Zila Parishad, Madhubani. 6. The Sub Divisional Officer, Jhanjharpur Sub Division, District-Madhubani. 7. The Executive Engineer, R.E.O. (w) Division, Jhanjharpur, District-Madhubani. 8. The Block Development Officer, Jhanjharpur Block, District-Madhubani. …. …. Respondents with CWJC No.15981 of 2008 ***** Md. Khalid, aged about 53 years, Executive Engineer, Gramin Karya Pramandal, Benipur, District-Darbhanga, Son of Ajijul Hoda, resident of Stadium Road, Chitragupta Nagar, District- Madhubani. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhubani. 3. The District Certificate Officer, Madhubani. 4. The Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Madhubani. 5. The District Engineer, Zila Parishad, Madhubani. 6. The Sub Divisional Officer, Jhanjharpur Sub Division, District-Madhubani. - 2 - 7. The Executive Engineer, R.E.O. (w) Division, Jhanjharpur, District-Madhubani. 8. The Block Development Officer, Jhanjharpur Block, District-Madhubani. …. …. Respondents with CWJC No.16009 of 2008 ***** Bishwanath Thakur, aged about 63 years, the then District Engineer, Zila Parishad, Madhubani, Son of Late Mahesh Thakur, Permanent Resident of Bhup Narayan Singh Colony, Main Road, P.S. & District-Madhubani. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhubani. 3. The District Certificate Officer, Madhubani. 4. The Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Madhubani. 5. The District Engineer, Zila Parishad, Madhubani. 6. The Sub Divisional Officer, Jhanjharpur Sub Division, District-Madhubani. 7. The Executive Engineer, R.E.O. (w) Division, Jhanjharpur, District-Madhubani. 8. The Block Development Officer, Jhanjharpur Block, District-Madhubani. …. …. Respondents ----------- For the Petitioners : Mr. Arun Kumar, Advocate (In all cases) Mr. Bipin Kumar, Advocate For the State : (In CWJC 16009/2008) Mr. Shambhu Nath, Assistant Counsel to Government Pleader X Government Pleader-XI, Government Pleader-VIII Government Pleader-IX For Zila Parishad : Mr. Shabbir Ahmad, Advocate ----------- 4. 26.11.2009. In all the four writ applications common question of law has been raised. There may be slight variation in the facts but there is one common thread which runs through all these writ applications that the petitioners are government servant, certain funds were released for implementation of various work or project and the concerned superior authorities after some kind of enquiry came to a conclusion that the work has not been fully or satisfactorily completed. Accounting for the money advanced became an issue and the authorities thereafter decided to - 3 - initiated a proceeding under Public Debts Recovery Act for recovery of the said public dues. Submission of learned counsel for the petitioners is that the law on this issue stands well settled not only by a Single Bench of this Court but also affirmed by a Division Bench and the cases in this regard. He relies on the cases of M/s Murlidhar Sohanlal v. State of Bihar, 1998(3) PLJR 526; Akhauri Bijoy Kumar Sinha v. State of Bihar, 1999(2) PLJR 131 and Certificate Officer of Siwan Central Co-op Bank v. State of Bihar. A plain reading of these decisions shows that the ratio categorically lays down the law that dues of this kind outstanding against a government servant in these circumstances cannot be recovered as a public demand. This is not to certify that the money is not recoverable from these petitioners if it is otherwise established by a proper procedure and through other means but recovery of the amount as a public demand is not permissible in view of the decisions referred to above. Learned counsel for the State submits that the dues or the outstanding against the petitioners is not in dispute, as such proper enquiry has been held and the money has been quantified and only to safeguard the interest of a public money that these steps have been taken but he also does not dispute that there are decisions to the effect which supports the petitioners in this regard. The law being what it is and the issue no longer being res integra, all the writ applications are allowed. All the certificate - 4 - proceedings arising from the respective writ applications namely, Certificate Case No.4/07-08 in C.W.J.C. No. 15863 of 2008; Certificate Case No.03/07-08 in C.W.J.C. No. 15898 of 2008; Certificate Case No.02/07-08 in C.W.J.C. No. 15981 of 2008 and Certificate Case No.01/07-08 in C.W.J.C. No. 16009 of 2008 stand quashed. Respondents may take appropriate remedial measures if they are so advised. The writ applications are allowed. Pawan/- (Ajay Kumar Tripathi, J.)