IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4883 of 2007 RAJ BANSI RAM, SON OF LATE BHADAI RAM, AT PRESENT RESIDING AT R. BLOCK, MANGLE’S ROAD, PATNA R. BLOCK SIDING GODOWN P.W.D. POSTED AS CHAUKIDAR OF SANRACHNA PRAMANDAL NO.2, BHAWAN NIRMAN BIBHAG, PATNA. Versus 1. THE STATE OF BIHAR 2. THE DY. SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, P.W. D., GOVERNMENT OF BIHAR, PATNA. 3. THE EXECUTIVE ENGINEER, BUILDING DIVISION, ARARIA, BHAVAN NIRMAN BIBHAG. 4. THE SUPERINTENDING ENGINEER, SANRACHNA ANCHAL BHAWAN NIRMAN, BIBHAGA, PATNA. ---------------------------------- 02. 17.10.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Chaukidar of the godown of the Building Construction Division No.3, Patna. During verification of the stock in the godown shortage of iron rod to the extent of 20.542 metric ton was noticed. Under the impugned order dated 10.01.2007, Annexcure-1 petitioner and the Junior Engineer incharge of the godown has been held responsible for the loss to the extent of 30, 40% of the value of the rod which has been directed to be recovered from the petitioner and the Junior Engineer from their pay in terms of Rule 220 of the Bihar Treasury Code, Part-I. Against the order dated 10.01.2007 and the actual 2 recovery order dated 2.3.2007, Annexure-2 petitioner has remedy of appeal. 3. It is submitted on behalf of the petitioner that from the enquiry report, itself it will appear that at the time shortage was noticed petitioner was Chaukidar of the godown but earlier when Prem Nath Prasad had taken charge of the godown from his predecessor petitioner was neither Chaukidar of the said godown nor measurement of the stock was taken to confirm that there was no shortage in the godown at the time of taking over charge of the godown by Prem Nath Prasad. Aforesaid aspect of the matter can be better appreciated if petitioner assails the two orders by filing appeal. 4. With the observation aforesaid, the writ petition is disposed of. Rajesh/ ( V. N. Sinha, J.)