IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5080 of 2007 Ushapati Prasad Sinha, SON OF LATE BISHASHWAR PRASAD, RESIDENT OF VILLAGE AND POST BALAHIN, POLICE STATION RUNNI SHAIDPUR DISTRICT SITAMARHI. AT PRESENT RESIDENT OF MOHALLA SHAVAN NIWAS MAZED CHEEK BALI ROAD, P.S. MITHANPURA, DISTRICT- MUZAFFARPUR :----PETITIONER. Versus 1. The State Of Bihar THROUGH ITS SECRETARY-CUM- COMMISSIONER, LABOUR EMPLOYMENT TRAINING DEPARTMENT, NEW SECRETARIAT, PATNA. 2. THE DEPUTY SECRETARY TO THE GOVERNMENT, LABOUR DEPARTMENT, NEW SECRETARIAT, BIHAR, PATNA. 3. THE ADDITIONAL SECRETARY, FINANCE DEPARTMENT, BIHAR, PATNA. 4. THE DEPUTY LABOUR COMMISSIONER, LABOUR DEPARTMENT, MUZAFFARPUR. :-----RESPONDENTS. ---------------------------------- 2. 21.10.2011. Re: I.A.No. 8699 of 2010 During the pendency of the writ petition petitioner left for his heavenly abode on 12.5.2010 leaving behind his heirs and legal representatives, as indicated in paragraph 3 of the Interlocutory Application. 2. Let the name of the petitioner be expunged from the array of parties and the heirs indicated in paragraph 3 be substituted. 3. I.A. No. 8699 of 2010 is, accordingly, disposed of. 4. Heard learned counsel for the petitioner and the State. 5. Original Petitioner superannuated while serving as Clerk in the office of the Deputy Labour Commissioner, Muzaffarpur with effect from 31.7.1996. He filed this writ petition praying, inter alia, to quash the order 2 contained in Memo No. 2134 dated 16th June, 2003 passed by the Deputy Labour Commissioner, Muzaffarpur, Annexure-9, whereunder he has been punished without initiating any proceeding under the Pension Rules as it is said that a sum of Rs. 1,03,363.50p. was found due from him under Audit Report No. 640/86-87. Aforesaid amount has already been recovered from the pensionary dues payable to the petitioner. 6. After retirement of the service- holder any punishment of recovery can only be made in terms of the provisions of the Pension Rules. Amount due from the petitioner having already been recovered there is no justification for passing the impugned order dated 16th June, 2003, Annexure-9, which is quashed. 7. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)