IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6390 of 2010 RAM NARESH PD. SINGH S/O LATE DWARIKA SINGH R/O VILL.- DHIVER, P.O.- CHAKNAWADA, P.S.- PANDARAK, DISTT.- PATNA Versus 1. THE MANAGING DIRECTOR BIHAR RAJYA SAHKARI BHOMI VIKASH BANK, SIMITI, PATNA 2. THE CHAIRMAN, BIHAR RAJYA SAHKARI BHOMI VIKASH BANK, SIMITI, PATNA 3. THE SECRETARY, BIHAR, RAJYA BHOMI VIKASH BANK, SIMITI, PATNA ----------- 11. 03.08.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Land Development Bank(hereinafter referred to as the Bank). 2. Earlier petitioner had approached this Court against order dated 4.9.2001, Annexure-5, whereunder after closing the departmental proceeding initiated against him, payment of Rs.2,72,725-50/- from the retiral dues of the petitioner was withheld under memo No.19011 dated 22.3.1999 for the reason that he was responsible for having made irregular advances for purchase of tractor and agriculture implement. This Court under orders dated 18.10.2006, Annexure-1 quashed the aforesaid order with liberty to the authorities to reconsider the matter after giving opportunity to the petitioner of being heard. 3. In compliance of the orders of this Court dated 18.10.2006, Annexure-1, the authorities state that notice was served on the petitioner under registered letter No.1485 dated 21.12.2006, 1693 dated 1.3.2007 and 1796 dated 30.4.2007 which was received by the family members of the petitioner, as has been stated by the - 2 - Chief Postmaster, G.P.O., Patna in affidavit dated 21.7.2010 but petitioner never responded to the three notices referred to above and the order dated 27.10.2009, Annexure-D was passed maintaining order dated 22.3.1999. 4. Counsel for the petitioner, however, disputes the service of notice as according to him those who received the registered letters are not the family members of the petitioner. 5. This Court instead of going into the question as to whether recipients of the registered cover in question are actually the family members of the petitioner or not deems it expedient to set aside the order dated 27.10.2009, Annexure-D to the counter affidavit filed by the Bank with direction to the petitioner to appear before the Managing Director of the bank along with a copy of this order within two weeks from today, whereafter the Managing Director of the Bank should serve the copy of the notice issued on the petitioner and petitioner should file his reply thereto, which should be considered once again by passing a fresh speaking order as early as possible, in any case within two months from the date of receipt of the show cause reply of the petitioner before the Managing Director. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)