IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12083 of 2006 DINANATH RAM Versus PATNA MUNICIPAL CORPORATION & ORS ----------- 4 05.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner is seeking quashing of a series of orders of punishment which are monetary in nature which requires to be deducted from the salary of the petitioner on the ground that he illegally took away the service records of certain employees which facilitated their continuance in service under the respondents much beyond the actual date of their retirement. The consequence of the action of the petitioner was that salary to the tune of Rs. 2,17,249/- came to be paid in case of one and similar kind of figure with regard to yet another employee. The respondents in their wisdom decided to recover part of this monetary loss by deducting various amounts amounting of Rs. 4,500/- from the salary of the petitioner. Learned counsel appearing on behalf of the petitioner submits that it is a case where no inquiry or show cause was issued to him and the orders in question therefore have implications of civil nature. Learned counsel for the respondents, on the other hand, do not seriously disputed the legal position but they have stated the detailed background under which the order came to be passed. It was their decision to recompense the respondents by making a recovery from the petitioner. The object of the respondents could be laudable - 2 - but the methodology is wrong. There has to be a finding recorded in this regard after giving opportunity to the petitioner on the issue. In that view of the matter, the Court does interfere with the order of punishment contained in Annexure – 1. The order dated 07.07.2005, 20.12.2005 and 11.08.2005 hereby stands quashed. However, looking at the seriousness of the allegation and the role of the petitioner under which the above orders came to be passed, the Court is of the opinion that the respondents must issue a chargesheet upon the petitioner by holding an inquiry for imposition of major punishment in the matter by holding a regular departmental inquiry within a limited time frame. If the allegation made in the charge is borne out from the evidence and the inquiry report, let respondents impose the punishment fitting the charge because an employee of such kind ought not to be given indulgence in such matters and mere imposition of monetary fine or deductions may not be enough in the interest and administration of the organization in question. Let the Municipal Commissioner, Patna Municipal Corporation, ensure that the departmental inquiry in the matter is completed at the earliest in this regard preferably within a period of six months. The writ application stands disposed of. Rajeev/ (Ajay Kumar Tripathi, J.)