IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3598 of 2010 1. LALDEO CHAUDHARY S/O LATE KHEMAN CHUDHURY R/O VILL /MOH JAKKANPUR, P.S.JAKKANPUR,DISTT-PATNA,PRESENTLY POSTED AS ASST.GENERAL MANAGER,SAHIBGUNJ,DISTT-JHARKHAND Versus 1. THE BIHAR STATE FOOD CIVIL SUPPLIES CORPORATION LTD. SONE BHAWAN,5THFLOOR,PATNA 2. THE CHIEF OF ADMINISTRATION ,B.S.F.C.LTD PATNA 3. THE CHIEF OF CLAIMS,B.S.F.C.LTD PATNA 4. THE DISTRICT MANAGER ,B.S.F.C.LTD PATNA 5. THE DISTRICT MANAGER,B.S.F.C.LTD SAHEBGUNJ,JHARKHAND ----------- For the petitioner : Mr. Bhola Prasad, Advocate. For the Corporation : Mr. R.S.Pradhan, Senior Advocate Mr. A.N.Rai, Advocate. ====== 2. 18.03.2010. Heard learned counsel for the petitioner and the Bihar State Food Civil Supplies Corporation Ltd. (hereinafter referred to as the “Corporation”). 2. Petitioner is serving as Deputy/Assistant Godown Manager in the Corporation. He is aggrieved by the district order dated 29.4.2009 (Annexure-10) issued by the District Manager and Office order dated 26.10.2007 (Annexure-11) issued by the Chief of Claims, whereunder a sum of Rs. 8,13,733.40/- has been directed to be recovered from the petitioner. 3. It is submitted on behalf of the petitioner that without there being any order to recover the aforesaid amount the District Manager has passed the impugned office order dated 29.4.2009, Annexure-10. In this connection, he also pointed out that the proceeding initiated vide charge memo, Annexure-4 has not yet been finalized. 4. Counsel for the Corporation prayed for time to file counter affidavit but considering the nature of the order which this Court is proposing to pass, prayer to file counter affidavit is being - 2 - refused. 5. Having heard counsel for the petitioner and the Corporation, I direct the petitioner to file representation against the order dated 29.4.2009, 26.10.2007, Annexures-10, 11 and if there is no order of the competent authority holding the petitioner to have caused loss to the Corporation of Rs. 8,13,733.40/-, order directing recovery of the said amount as contained in Annexures 10,11 should not be given effect to. Let the representation filed by the petitioner in compliance of this order be considered and disposed of by the Managing Director of the Corporation as early as possible, in any case within a period of one month from the date of receipt of the representation along with a copy of this order which should be filed within two weeks from the date of receipt of the certified copy of this order, requisition therefor should be filed by tomorrow. Until the representation of the petitioner in compliance of this order is not disposed of by the Managing Director, recovery, as is directed to be made under the impugned order dated 29.4.2009, Annexure-10 be not made. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)