IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11935 of 2001 SRI BRAJESHWAR PRASAD SINGH, Junior Engineer, Son of Late Sheodhari Singh, Resident of village Tilak Tajpur (Pota Tajpur), P.O. and District Sitamarhi, at present posted as Junior Engineer Rural Development, Special Division, Sheohar, P.O. & District Sheohar … Petitioner Versus 1. THE STATE OF BIHAR 2. Sub-divisional Officer, Tirhut Canal Sub-division, Head quarter, Muzaffarpur 3. The Executive Engineer, Tirhut Canal Division 1, Gandak Project, Muzaffarpur 4. The Superintending Engineer, Tirhut Canal Circle, Gandak Project, Muzaffarpur 5. The Chief Engineer, Water Resources Development, Muzaffapur 6. The Engineer-in-chief, Water Resources Department, Irrigation Building Old Secretariat, Bihar, Patna 7. The Commissioner, Water Resources Department, Irrigation Building, Old Secretariat, Patna, Bihar … Respondents 1st set 8. The Executive Engineer, Rural Development, Special Division, Sheohar, District Sheohar 9. The Superintending Engineer Rural Development, Special Circle, Muzaffarpur 9A.The Accountant General, Bihar, Patna, R.Block, Patna 10. Ram Prasad Singh, Junior Engineer, Gandak Project Colony, Ramdayalu Nagar, Muzaffarpur, at present posted as Junior Engineer, C/o Executive Engineer, Yojna & Rupakan Division, Water Resources Department, C.E.Chandil Complex Parisar, Dimma Road,m Jamshedpur, Jharkhand … Respondents 2nd set. ----------- 6. 7.7.2009 Heard counsel for the petitioner and the counsel for the State. In this writ application the petitioner assails the decision of the Executive Engineer of Rural Development, Special Division, Sheohar, vide letter no. 372 dated 29.9.2000 seeking to make recovery of Rs. 3,33,000/- for the shortage of 2 material found in the custody of the petitioner. It appears from the aforementioned letter that the said order was passed in compliance of a direction of the Superintending Engineer of Rural Development, Special Circle, Muzaffarpur contained in his letter no. 617 dated 15.9.2000. Admittedly the petitioner is a Junior Engineer and his cadre controlling authority is Engineer-in-Chief. It is again not in dispute that any order subjecting the petitioner to effect recovery of an amount from him under the orders passed by any authority subordinate to the Engineer-in- Chief could be assailed by the petitioner before the Engineer-in-Chief by explaining all the facts and circumstances which has been sought to be done by him in this writ application. This Court actually would find it difficult, in absence of a clear determination of fact by the competent authority, namely, the Engineer-in-Chief, to record a finding as to whether such shortage of stock took place in the regime of the 3 petitioner or that the petitioner’s explanation that he himself was never given charge of such stock so as to make him personally accountable, is correct. This being a pure question of fact could be well determined by the Engineer-in-Chief who in capacity of the disciplinary authority and the head of the department is under obligation to take a final decision in the light of materials on record including the explanation of the petitioner. Thus in order to expedite the matter this Court would direct the petitioner to approach the Engineer-in-Chief with all the materials and a copy of this order alongwith a self contained representation and the Engineer-in-Chief upon receipt of such representation and having called for the relevant records and information from the concerned subordinate offices as also having looked into the other material that he would like to rely, would pass a final order within a period of six months from the date of receipt/ production of a copy of this order. It goes without saying that if the 4 Engineer-in-Chief finds that the petitioner was not the custodian of the materials and thus not liable for realization of the amount as directed by the Executive Engineer in the impugned order he would also pass necessary order for refund of any amount already deducted from the salary and/or other payable amount of the petitioner. With the aforementioned observation and direction, this application is finally disposed of. (Mihir Kumar Jha,J.) Surendra/