IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5753 of 2005 SHASHIDHAR PRASAD, S/O LATE SIPI PRASAD R/O MOHALLA-SACHIDANAND NAGAR,PO & PS-TILKA MANJHI DISTT- BHAGALPUR--------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PUBLIC HEALTH & ENGINEERING DEPARTMENT,GOVT. OF BIHAR,PATNA 2. DEPUTY SECRETARY TO THE GOVT. PUBLIC HEALTH AND ENGINEERING DEPARTMENT, GOVT. OF BIHAR,PATNA 3. THE CHIEF ENGINEER, PUBLIC HEALTH AND ENGINEERING DEPARTMENT, BHAGALPUR REGION, BHAGALPUR 4. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH AND ENGINEERING DEPARTMENT CIRCLE, BHAGALPUR 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH AND ENGINEERING DEPARTMENT, PUBLIC HEALTH DIVISION, BHAGALPUR WEST, BHAGALPUR-------------RESPONDENTS ----------- 3 11.2.2009 Heard learned counsel for the parties. Petitioner was a store keeper in the Public Health Engineering Department, Public Health Division Bhagalpur West. He retied on 30.6.2001 from the said position and post but his pension and other retiral dues were not settled for a long time. All of a sudden a set of orders contained in annexures-1,2 and 3 have come to be passed by virtue of which a sum of Rs. 4,34,090 has been recovered from his gratuity, pension, leave encashment and other post retiral dues. This according to the petitioner was done without any opportunity or show cause to him and as also after more than four years of his superannuation. The reason for recovery stated in the counter affidavit is a so called shortage of materials which was estimated by the Superintending Engineer of which the petitioner was Incharge during his posting at Bhagalpur. At this stage the Court seems to be in agreement with the submission of learned counsel for the petitioner that he can not be taken by surprise that too after almost four years of his - 2 - retirement without giving him an opportunity or details of the so called shortage caused by the petitioner before the order of recovery could be passed. This writ application is being disposed of at this stage with a direction upon the Superintending Engineer, Public Health & Engineering Department Circle, Bhagalpur, respondent no. 4 that he will furnish the details of the so called shortage of materials for the period of petitioner’s posting and he shall be given adequate opportunity in this regard to explain the position to them. Only if the petitioner fails to satisfy the authority on this count the question of final withholding payment from his post retiral dues against shortage of materials may arise in consonance with law. Since the petitioner is a retired employee, therefore the Superintending Engineer, Public Health and Engineering Department Circle, Bhagalpur, respondent no.4 is directed that he shall give him notice with supporting materials and decide the matter preferably within a period of four months if the petitioner renders assistance in the matter with due cooperation of the respondents. The outcome of the said exercise will govern the future course of action against the petitioner. If the petitioner still has a grievance left he will be free to revert to the Court. This writ application is allowed to the extent indicated above. RPS (Ajay Kumar Tripathi,J.)