IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10171 of 2009 Binod Kumar Sinha, son of Late Jageshwar Prasad, resident of village Ruphara, P.S.- Sikarganj, District- East Champaran, at present posted as Assistant Manager, under the District Manager, Bihar State Food and Civil Supplies Corporation Limited, Siwan Versus 1. The Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Bir Chand Patel Path, Patna, through Its Managing Director 2. The Managing Director, the Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Bir Chand Patel Path, Patna. 3. The Chief of Claims, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Bir Chand Patel Path, Patna. 4. The District Manager, Bihar State Food and Civil Supplies Corporation Limited, Siwan ----------- For the Petitioner :Mr. Bishnu Kant Dubey, Advocate For the Respondents :M/s R.S. Pradhan, Sr. Advocate & A.N. Rai, Advocate 05/ 28.06.2010 Heard learned counsel for the petitioner and the Bihar State Food and Civil Supplies Corporation Limited, Patna (hereinafter referred to as the Corporation). 2. Petitioner is aggrieved by the orders dated 20.12.2008, 29.12.2008, 7.4.2009 and 6.5.2009, Annexures- 12,13,15 and 16 to this application, whereunder a sum of Rs. 30,64,808/- is directed to be recovered from him as the amount of interest over the amount of loss of Rs. 6,78,148.19 caused by the petitioner to the Corporation as the food grain of aforesaid value was lost/ defalcated from the depots under the control of the Saharsa office of the Corporation. The period of loss has been indicated in paragraph 14 of the counter affidavit wherefrom it appears that the petitioner remained posted as Assistant Manager in the Saharsa office of the Corporation for 2 the period between 30.5.1977 to 28.2.1982 and the amount of loss, which was caused to the Corporation during the said period is Rs. 6,48,152.19 further amount of loss of Rs. 29,995.27 and Rs. 12,688.48 is also said to have been caused by the petitioner, grand total whereof is Rs. 6,90,836.67. The proceeding to recover the aforesaid loss was initiated on 25.10.1989 but was concluded under order dated 23.1.2004 directing the petitioner to pay interest over the amount of loss caused to the Corporation. The authorities having ascertained the quantum of the loss proceeded to recover the amount of loss on 20.10.2000. Before finalizing the proceeding on 23.1.2004, the entire amount of loss caused at his instance stood recovered on 19.1.2004. It is submitted on behalf of the petitioner that for the delay caused in ascertaining the amount of loss by the Corporation and commencing its recovery, he cannot be held responsible as petitioner was never responsible for the delay caused by the authorities of the Corporation in ascertaining the amount of loss caused at his instance. 3. I see substance in the submission made on behalf of the petitioner and, accordingly, direct that petitioner should pay interest at the admissible rate on which interest was charged from others during the said period i.e. 20.10.2000 till 19.1.2004 over the amount of loss caused to the Corporation i.e. 6,90,836.67 and to that extent the impugned orders dated 20.12.2008, 29.12.2008, 7.4.2009 and 6.5.2009, Annexures- 3 12,13,15 and 16 to this application are modified. 4. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)