IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9393 of 2009 PHULESHWAR MAHTO, SON OF LATE GANGA PRASAD MAHTO, RESIDENT OF VILLAGE BAKUNIA, POLICE STATION NAUHATTA, DISTRICT SAHARSA, AT PRESENT ASSISTANT, BIHAR STATE BEVERAGES CORPORATION LTD. MADHEPURA DEPOT, MADHEPURA. Versus 1. BIHAR STATE BEVERAGES CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, BIHAR STATE BEVERAGES CORPORATION LTD., BOTH AT VIDYUT BHAWAN-II, FIRST FLOOR, JAWAHARLAL NEHRU MARG, PATNA 800001. 3. THE DEPOT MANAGER, BIHAR STATE BEVERAGES CORPORATION LTD., MADHEPURA, WARD NO.14, BHIRKHI TOLA, POLICE STATION AND DISTRICT MADFHEPURA. 4. SHRI DINANATH PRASAD, FORMER DEPOT MANAGER, BIHAR STATE BEVERAGES CORPORATION LTD., SINCE RETIRED, SON OF LATE LAL BABU RESIDENT OF CHABI KAMLA SADAN, IN FRONT OF BHAGWATI VAISHNAWI APARTMENT, WEST BORING CANAL ROAD, ANANDPURI, POLICE STATION S.K.PURI, DISTRICT PATNA. With CWJC No.12928 of 2009 BRIJ BIHARI VERMA, SON OF SRI NAND PRASAD, RESIDENT OF VILLAGE MATIARIYA, P.O. GOBRORA, P.S. LAURIA, DISTRICT WEST CHAMPARAN, AT PRESENT ASSISTANT LEKHAPAL, BIHAR STATE BEVERAGES CORPORATION LTD., MADHEPURA DEOPT, MADHEPURA. Versus 1. BIHAR STATE BEVERAGES CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, BIHAR STATE BEVERAGES CORPORATION LTD.BOTH AT VIDYUT BHAWAN-II, FIRST FLOOR, JAWAHARLAL NEHRU MARG, PATNA-800001. 3. THE DEPOT MANAGER, BIHAR STATE BEVERAGES CORPORATION LTD., MADHEPURA, WARD NO.14, BHIRKHI TOLA, POLICE STATION AND DISTRICT MADFHEPURA. 4. SHRI DINANATH PRASAD, FORMER DEPOT MANAGER, BIHAR STATE BEVERAGES CORPORATION LTD., SINCE RETIRED, SON OF LATE LAL BABU RESIDENT OF CHABI KAMLA SADAN, IN FRONT OF BHAGWATI VAISHNAWI APARTMENT, WEST BORING CANAL ROAD, ANANDPURI, POLICE STATION S.K.PURI, DISTRICT PATNA. 5. SRI HARENDRA SHARMA, GENERAL MANAGER(H.Q.ADM.), BIHAR STATE BEVERAGES CORPORATION LTD., PATNA. With CWJC No.12949 of 2009 RAMBABU RAM, SON OF LATE PURNMASI RAM, RESIDENT OF DWARIKANATH LANE, SALIMPUR AHRA, KADAMKUAN, POLICE STATION GANDHI MAIDAN, PATNA, AT PRESENT LEKHPUAL, BIHAR STATE BEVERAGES CORPORATION LTD., MADHEPURA DEPOT, MADHEPURA. Versus 1. BIHAR STATE BEVERAGES CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, BIHAR STATE BEVERAGES CORPORATION LTD.BOTH AT VIDYUT BHAWAN-II, FIRST FLOOR, JAWAHARLAL NEHRU MARG, PATNA-800001. 3. THE DEPOT MANAGER, BIHAR STATE BEVERAGES CORPORATION LTD., MADHEPURA, WARD NO.14, BHIRKHI TOLA, POLICE STATION AND DISTRICT MADFHEPURA. 4. SHRI DINANATH PRASAD, FORMER DEPOT MANAGER, BIHAR STATE BEVERAGES CORPORATION LTD., SINCE RETIRED, SON OF LATE LAL BABU RESIDENT OF CHABI KAMLA SADAN, IN FRONT OF BHAGWATI VAISHNAWI APARTMENT, WEST BORING CANAL ROAD, ANANDPURI, POLICE STATION S.K.PURI, DISTRICT PATNA. - 2 - For the Petitioners : M/s. Shrawan Kumar, Sr. Adv, Satish Kr. Singh, advocate. For the Corporation : M/s Vikas Kumar, Mukesh Kr. Thakur, Girijesh Kumar, Advocates. For respondent no.4 : Mr. R.N.Sharma, advocate. ----------- 05. 07.07.2010 Heard learned counsel for the petitioners, Bihar State Beverages Corporation Ltd.(hereinafter referred to as the Corporation) and the counsel for respondent no.4. 2. Petitioners in the three writ application(s) are aggrieved by the office order No.207 dated 15.5.2009 passed by the Managing Director of the Corporation communicated to the petitioners under letter No.1595 dated 18.5.2009, Annexure-16 series in C.W.J.C. No.9393 of 2009, whereunder the amount of loss caused in the Madhepura depot has been held to be the collective responsibility of the petitioners and the Depot Manager and has been directed to be recovered to the extent of 40% from the Depot Manager and 30% from the petitioners. Aforesaid order was passed in response to the show cause notice issued to the petitioners dated 18.6.2008 as also another notice dated 19.8.2008, Annexures-6 and 8 in C.W.J.C. No.9393 of 2009, whereunder petitioners and others including the Depot Manager was asked to show cause as to why the unexplained depot loss of liquor be not recovered from them. 3. In response to the show cause notice petitioners filed their reply. Reply of petitioner Phuleshwar Mahto is dated 26.8.2008 and is contained in Annexure-9 in C.W.J.C. No.9393 of 2009, reply of petitioner Brij Bihari Verma is dated 25.8.2008 and is contained in Annexure-7 in C.W.J.C. No.12928 of 2009 and reply of petitioner Ram Babu Ram is dated 23.6.2008 and is contained in Annexure-5 in - 3 - C.W.J.C. No.12949 of 2009. Perusal of reply of petitioner Phuleshwar Mahto indicates that he informed the Managing Director that after he joined the depot on 28.4.2007 he requested the Depot Manager to allocate work to him but works were not allocated. In this connection, reference is also made to the written request made by Phuleshwar Mahto to the Depot Manager to allocate work under representation dated 22.5.2007 and 26.7.2007. In the show cause reply petitioner Phuleshwar Mahto also submitted that in the light of the instructions of the Managing Director contained in letter No.1422 dated 5.7.2007, Annexure-5 series in C.W.J.C. No.9393 of 2009 he made request to the Depot Manager to allocate work to him but the work was not allocated soon after petitioner submitted his joining on 28.4.2007 until 30.5.2008, as such, during the substantial period of loss petitioner Phuleshwar Mahto had no occasion to conduct and manage the receipt and dispatch of liquor in the depot. 4. Petitioner Brij Bihari Verma in his show cause reply, Annexure-7 in C.W.J.C. No.12928 of 2009 has also taken the same stand. Petitioner Ram Babu Ram, however, in his reply has admitted the position that Depot Manager instructed him to manage the affairs in the depot during the period he was away from Madhepura to attend the meetings at the Headquarter. It is also submitted that the depot and the office are separate and when petitioner Phuleshwar Mahto had taken charge he had invited the attention of the Depot Manager towards the fact that various registers were not updated on the date of his taking charge. - 4 - 5. The Managing Director having considered the show cause reply passed the impugned order dated 15.5.2009, wherefrom it appears that without making reference to the stand taken by petitioner Phuleshwar Mahto and Brij Bihari Verma that they were not allocated work to manage the affairs in the depot held that the two petitioners have also contributed to the loss of liquor in the depot by violating the provisions of the Depot Manual. Perusal of the impugned order dated Annexure-15.5.2009 also does not indicate that which provision of the Depot Manual has been violated by each of the petitioners as also the manner in which the provision of the Depot Manual was violated by the petitioners and how they are responsible in contributing towards the loss in the depot when they were not allocated work to manage the affairs in the depot. 6. In view of my findings above the impugned order suffers from the vice of arbitrariness as the same has not considered the show cause reply of the petitioners in proper perspective. Accordingly, the impugned order dated 15.5.2009 is quashed so far petitioners are concerned with liberty to the Managing Director of the Corporation to serve on the petitioners a fresh show cause notice giving details of the provision and the manner in which the Depot Manual has been violated by them with reference to the records/registers and after receipt of the reply pass fresh orders in accordance with law. 6. The three writ application(s) are, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.) - 5 -