IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12246 of 2009 MAHESH PRASAD, S/O LATE BUDHAN PRASAD, RESIDENT OF VILLAGE-BATTURA, P.S.-SARORERA, DISTRICT- MUNGER. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. SECRETARY RURAL DEVELOPMENT DEPARTMENT(RURAL ENGINEERING ORGANISATION),GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. CHIEF ENGINEER, RURAL ENGINEERING ORGANISATION-2, RURAL DEVELOPMENT DEPARTMENT, PATNA, BIHAR. 4. EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANISATION, WORK DIVISION, BAGAHA, WEST CHAMPARAN. 5. DEPUTY DEVELOPMENT COMMISSIONER,JEHANABAD. 6. DISTRICT MAGISTRATE, JEHANABAD. ... ... RESPONDENTS. ----------- 2. 15.9.2009. Heard learned counsel for the petitioner and the State. Learned counsel for the State prayed for time to file counter affidavit as he has already received instruction. Such prayer is refused in view of the order which is proposes to be passed. Petitioner is a Junior Engineer. Earlier he was posted under the Executive Engineer Rural Works Department, Work Division, Bagaha in the district of West Champaran wherefrom he has been transferred to Jehanabad. He has filed this writ application praying inter alia to direct the State respondents not to make recovery of the - 2 - items which were found short by the Controlling Officer, namely, the Executive Engineer, Rural Works Department, Works Division, Bagaha and has been noted in the Last pay Certificate issued to him as according to the petitioner recovery of the loss suffered by the Government can be made only after recording a finding to that effect in terms of the provisions contained in Civil Services (Classification, Control and Appeal)Rules 2005 as recovery of the amount of loss suffered by the Government tantamounts to imposing punishment on Government servant who has caused such loss. I see substance in the submission of the learned counsel for the petitioner and accordingly direct the Engineer-in- Chief/Chief Engineer of the Rural Works Department to initiate proceedings for recovery of the items found short in the godown as noted in the Last pay Certificate of the petitioner by the Executive Engineer on 19.5.2009. Until such finding is recorded in departmental proceeding that the materials noted at Page-2 of Last Pay Certificate was - 3 - N.H./ actually found short from the godown, no recovery of the amount of loss be made from the petitioner. The enquiry proceeding in terms of the order should be initiated within one month from the date of receipt of a copy of this order and concluded within another three months where after the Service Book of the petitioner be sent to Jehanabad from Bagaha. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)