IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11621 of 2009 MANOJ KUMAR SON OF LATE MATHURA PRASAD, RESIDENT OF VILLAGE & P.O.- NAYAGANJ, VIA – MAHNAR, P.S.- DESRI, DISTRICT-VAISHALI, AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK – FATUHA, DISTRICT – PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, AGRICULTURE, AGRICULTURAL DIRECTORATE, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, PATNA. 5. THE DISTRICT MAGISTRATE, SAMASTIPUR. 6. THE DISTRICT AGRICULTURE OFFICER,PATNA. 7. THE BLOCK DEVELOPMENT OFFICER, UJIYARPUR, DISTRICT – SAMASTIPUR. 8. THE BLOCK DEVELOPMENT OFFICER, DALSINGHSARAI, DISTRICT – SAMASTIPUR. 9. THE BLOCK DEVELOPMENT OFFICER, FATUHA, DISTRICT – PATNA. ... ... RESPONDENTS. ----------- 4. 10.9.2009. Heard learned counsel for the petitioner and the State. Petitioner is a Village Level Worker. He has filed this writ application for a direction to the authorities to pay him the salary for August,2008 till date as the said salary is not being paid to him on account of the endorsement made in his Last Pay Certificate that he is required to refund a sum of Rs.13.94,156/-, which was advanced to him for executing various Government Schemes and vouchers showing the execution of the scheme has not been furnished and - 2 - adjusted. Neither the scheme has been executed nor the amount itself has been deposited in the Government treasury and petitioner has been transferred to the office of Block Development Officer, Fatuha unless the aforesaid amount is adjusted/deposited, petitioner cannot be paid to the salary. Learned counsel for the petitioner assails the aforesaid direction with reference to the provisions contained in Civil Services (Classification, Control and Appeal)Rules,2005 where under recovery of the amount from the salary of the Government servant is a punishment and cannot be imposed unless proceeding is taken in terms of the rules. Having appreciated the contents of the C.C.A. Rules-2005, I am also of the view that the recovery from the salary of the petitioner cannot be made unless a proceeding for such recovery has been initiated against him and order directing recovery is made. Accordingly, I direct the Block Development Officer, Fatuha to ensure payment of his current salary i.e. from the month of - 3 - October,2009. Payment of arrears shall be the subject to the result of a departmental proceeding which should be initiated against the petitioner for recovery of the amount of Rs.13.94,156/- by the District Magistrate, Samastipur. Let a copy of this order be produced before the District Magistrate, Samastipur as also the District Magistrate, Patna and Block Development Officer, Fatuha for ensuring compliance within one month. It is made clear that the enquiry proceeding be initiated against the petitioner as early as possible in any case within one month from the date of service of this order before the District Magistrate, Samastipur and the enquiry officer should conclude the proceeding within another four months final orders be passed in another two months. In case, petitioner does not cooperate for early conclusion of the proceeding, the enquiry and disciplinary officer should proceed ex-parte and conclude the proceeding within the aforesaid four months. This writ application is, - 4 - N.H./ accordingly, disposed of. ( V.N. Sinha,J.)