IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13660 of 2010 Janardan Singh, son of Sri Surya Narayan Singh, Resident of village and P.O. Chougain, P.S. Murar, District Buxar, presently posted as Assistant Accounts Officer, Bihar State Ware Housing Corporation, Ara, District Bhojpur at Ara Versus 1. The Bihar State Ware Housing Corporation, Maurya Lok Complex, Dak Bungalow Chowk, Patna through the Chairman 2. The Chairman, The Bihar State Ware Housing Corporation, Maurya Lok Complex, Dak Bungalow Chowk, Patna 3. The Managing Director, The Bihar State Ware Housing Corporation, Maurya Lok Complex, Dak Bungalow Chowk, Patna ----------- 02/ 26.08.2010 Heard learned counsel for the petitioner and the Bihar State Ware Housing Corporation, Patna (hereinafter referred to as the Corporation). 2. Petitioner is aggrieved by the order of the Managing Director of the Corporation dated 18.8.2009, Annexure-2, whereunder recovery of 10,000/- is being made from his monthly salary as he is alleged to have caused substantial loss to the Corporation. In this connection, a proceeding was initiated against the petitioner under order dated 18.8.2009, Annexure-3, whereunder charge sheet was also served on the petitioner, in response whereto he has filed reply dated 9.9.2009, Annexure-5, but without disposing of the said proceeding, recovery is on and according to the learned counsel for the 2 petitioner, such recovery is likely to continue even after disposal of the proceeding, as the Managing Director has already rejected the contention of the petitioner under order dated 5.7.2010, Annexure-6. 3. Managing Director is the Disciplinary Authority. He cannot pre-empt the findings of the Enquiry Officer, who is conducting the proceeding pursuant to charge sheet dated 18.8.2009, Annexure-4. 4. Let the Enquiry Officer conclude the proceeding as early as possible, in any case within three months from the date of receipt/ production of a copy of this order and thereafter submit report to the Disciplinary Authority i.e. Managing Director, who should pass final order in the matter within 45 days of the receipt of the enquiry report without being impressed/ prejudiced by the order dated 18.8.2009, Ananexure-2 and 5.7.2010, Annexure-6 strictly in the light of the findings recorded by the Enquiry Officer. Until disposal of the proceeding, recovery from the petitioner may be continued, but such recovery shall be subject to the result of the proceeding and in case petitioner is exonerated of the charges the amount recovered shall be refunded to the petitioner with 3 interest @ 10% per annum. In spite of the co-operation by the petitioner, if the proceeding is not concluded within the time fixed under this order, recovery of the amount from the salary of the petitioner in the light of order dated 18.8.2009, Annexure-2 shall be stopped. 5. The writ application is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)