IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9166 of 2004 SHREEMOHAN SINHA, son of late Kali Charan Prasad, resident of village – Naya Tola, Bhikanpura, Gumti No.1, P.S. Bhikhanpur, District – Bhagalpur, at present posted as Junior Engineer, Rural Engineering Organization (R.E.O.), Works Division, Biharsharif (Nalanda). Versus 1. THE STATE OF BIHAR through the Secretary, Road Construction, Govt. of Bihar, Patna. 2. Engineer-in-Chief, P.W.D., Bihar, Patna. 3. The Chief Engineer, P.W.D. Magadh Range, Biharsharif, (Nalanda). 4. The Superintending Engineer, P.W.D., Biharsharif (Nalanda). 5. Executive Engineer, Rastriya Uchch Path Pramandal (National Highway Division)), Jayanagar. 6. Assistant Engineer, Lower Division, Phulparas, Madhubani. ----------- For the petitioner: M/S. Arun Kumar No.1 & Mahendra Pd Verma. For the State; Mr. Shambu Nath, AC to GP X. ------- 03. 2.8.2010 Petitioner was holding the post of Junior Engineer. The Last Pay Certificate (LPC) issued on 12.2.2004 is the cause of action for which the present writ application has been filed. The LPC contained in Annexure-1 indicates outstanding dues against the petitioner amounting to Rs.18 lacs and odd . This is the figure quantified for materials of which he had not handed over the charge at the time of his transfer from Jainagar (Madhubani) National Highway Division to Rural Engineering Organization, Works Division, Biharsharif. Because of this outstanding shown against the petitioner, he is not in a position to draw his salary and there will be other problems post retirement. Petitioner has dubbed indication of the outstanding amount as an order of punishment passed against him without any enquiry or 2 proceeding. The stand of the petitioner that the last pay certificate is an order of punishment of recovery seems to be misplaced because it only indicates the position with regard to pay & perks along with the outstandings pending against the petitioner from the place of his last posting when the transfer was effected. The consequence thereof is another issue. The stand taken by the petitioner, however, that this quantification must be based on some rationale and if this is not sorted out, it is going to come in the way of settlement of retiral dues etc. could be correct. The respondent authorities therefore are directed to sort out the issue of outstanding dues, which have been shown against the petitioner due to non-handing over of charge of certain materials on his last transfer. This ought to be sorted out in the manner the law prescribes within a time-frame so that the issue is set to rest one way or the other. This will be necessitated in view of the fact that the petitioner has now superannuated and his post retiral dues are dependent on adjudication of the above issue. The writ application is disposed of with the above observation/direction. rkp ( Ajay Kumar Tripathi, J.)