IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5613 of 2010 SUDHIR KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 2 29.11.2010 Petitioner’s services have now been finally allocated to the State of Bihar and hence, he has filed writ application in this Court pressing his grievances. The grievances of the petitioner is against the resolution of the State of Jharkhand dated 6.1.2010 contained in Annexure-6, by which an amount of Rs. 5, 49,337/- has been held realizable from him besides other amount realizable from other officers of the Public Health & Engineering Department. The amount has been found realizable on the ground that excess work was done in respect of implementation of Ramgarh Water Supply Scheme, Ramgarh Cantonment Board. The amount of excess work done had to be paid to the contractors on orders of this Court. This work was found in excess to the work initially covered by the contract and, therefore, the extra financial burden on the State was held realizable from the concerned Executive Engineers and other officers who allowed the work to continue without fresh allocation or 2 without further orders. Learned counsel for the petitioner submits that twice enquiry was made and the reports of which are Annexures- 1 and 2. In the enquiry it was found that the Cantonment Board was ready to shoulder this burden on itself, as the work was done for it. However, since the services of the petitioner and others stood allocated to the State of Bihar, the Jharkhand State made a request to the State of Bihar for realization of the amount, upon which notices have been issued to the petitioner and others by the State of Bihar for deposit of said amount. The State of Jharkhand has filed a counter affidavit in which it is stated that the Cantonment Board is ready to pay amount of excess work done with certain conditions. To finally settle the matter with the Cantonment Board, the State of Jharkhand has prayed for six months time. The pleading made in its counter affidavit in paragraph 13 (wrongly marked as para 11) is as follows : “Under the facts and circumstances the answering respondent states that till a final conclusion is reached between the Cantonment Board. And Drinking Water and Sanitation Department, Government of Jharkhand, the 3 hearing of the present Writ Petition may be deferred at least for six months as the liability of the petitioner towards the concerned Department of the State of Jharkhand is contingent to the outcome of the aforesaid event.” In view of the above stand of the State of Jharkhand this writ application is adjourned for six months. However, in the meanwhile, since the matter admittedly is to be finally settled between the State of Jharkhand and Cantonment Board Ramgarh, this Court directs that no coercive action shall be taken against the petitioner pursuant to the notice dated 23.2.2010, as contained in Annexure-7. Prakash ( J.N. Singh, J.)