IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2213 of 2010 GAYA PRASAD TIWARI S/O LATE LALIT TIWARI R/O THAKUR BHAGWAN CITY MARG, GANNIPUR, MUZAFFARPUR, P.S. QAZI MUHAMMADPUR, DISTT.- MUZAFFARPUR Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, PATNA 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, PATNA 3. THE SECETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, PATNA 4. THE FINANCIAL CONTROLLER, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, PATNA 5. THE GENEAL MANAGER, CUM CHIEF ENGINEER, MITHILA ELECTRIC SUPPLY AREA, DARBHANGA 6. THE DEPUTY DIRECTOR OF ACCOUNTS MITHILA ELECTRIC SUPPLY AREA, DARBHANGA 7. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC STORE, SAMASTIPUR 8. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, PATNA ----------- 2 08.02.2010 Heard learned counsels for the petitioner and the respondent-Board. The grievance of the petitioner is that the respondent Board is proposing to recover a sum of Rs. 1,71,912.80/- on the alleged ground of making excess payment towards the salary received during his service period. It is submitted that on receipt of the said show cause notice dated 28th April, 2009 (Annexure-3) petitioner submitted his reply (Annexure-4) before the General Secretary of the respondent- Board on 13th July, 2009 stating therein to the effect that it is the Board who made payment on its own calculation and the petitioner had no role to play in fixing the salary and making the eventual payment thereof, and as such, after the retirement it is not justified in law on the part of the respondent-Board to recover the aforesaid alleged amount said to have been paid in excess. Learned counsel appearing for the respondent-Board prays for time. However, in view of the nature of the order which is being proposed to be passed by this Court, it is not required to keep this case pending since the show cause notice issued by the Board and the reply submitted by the petitioner is said to be pending. In the above circumstances, let the respondent no.3 look into the matter and in case no final decision has been taken till date on the show cause notice issued to the petitioner and the reply thereof submitted by the petitioner as contained in Annexure- 3 & 4 respectively. Let a final order be passed within a period of four months on receipt/production of the certified copy of the present order. It goes without saying that while considering the aforesaid matter, the unpaid claims of the petitioner on account of payment of balance retiral dues may also be considered and the admitted dues found payable be paid with statutory interest. The decision taken in this regard shall be communicated to the petitioner by post under registered cover. The writ application stands disposed of with the above observations/directions. Manish/- (Shailesh Kumar Sinha,J.)