IN THE HIGH COURT OF JUDICATURE AT PATNA. C.W.J.C. NO. 11576 OF 2010. BABBAN SINGH, SON OF LATE RAMADHAR SINGH, RESIDENT OF VILLAGE- MOHANIA, NEAR RAILWAY STATION AT AND P.S. MOHANIA, DISTRICT- KAIMUR :--- PETITIONER. -VERSUS- 1. THE UNION OF INDIA THROUGH THE CHAIRMAN-CUM-MANAGING DIRECTOR, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD., PLOT NO. 67-68, SECTOR-25, FARIDABAD, HARYANA. 2. THE GENERAL MANAGER, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD. NORTH EASTERN SECTOR OFFICE, KUNJBAN COLONY, WEST TRIPURA, DISTRICT- AGARTALA- 799005. 3. THE CHIEF MANAGER, (HR), NATIONAL PROJECT CONSTRUCTION CORPORATION LTD., C.O. FARIDABAD. 4. THE ZONAL MANAGER, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD., NE-LIAISON OFFICE, 31- HRISH THAKUR ROAD, AGARTALA- 799001. 5. THE ZONAL MANAGER, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD. BIHAR ZONE, SRI KRISHNA NAGAR, PATNA. 6. THE UNIT OFFICER, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD., HATHIARI P/H UNIT, VIKASH NAGAR, DISTRICT- DEHRADUN, UTTARANCHAL. 7. THE PROJECT MANAGER, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD., PMGSY ROHTAS WORKS, 650, PANCHSHEEL COLONY, SASARAM, DISTRICT- ROHTAS- 821115:--- RESPONDENTS. For The petitioner : Mr. Alok Kumar Sinha-1, Advocate. For the Union of India :- Mr. Bhaktishwar Jha, Advocate (CGC) ==== 2. 23.07.2010. Heard learned counsel for the petitioner and the counsel for the National Project Construction Corporation Limited (hereinafter referred to as the “Corporation”). 2. Petitioner who is serving on the post of Junior Assistant-1 in the Corporation at Mohania, is aggrieved by the order dated 10.5.2010 passed by the Project Manager of the Corporation, Annexure-1/1, whereunder the Project Manager has directed to recover a sum of Rs. 2,57,519.30/- from the salary of - 2 - the petitioner in instalments from the month of May, 2010. He is also aggrieved by the order of the Assistant Accounts Officer dated 25.5.2007, Annexure-3, whereunder direction has been issued to recover a sum of Rs. 76,883/- from his salary. 3. It is submitted on behalf of the petitioner that aforesaid direction to recover the sum of Rs. 2,57,519.30/- contained in the order of the Project Manager, Annexure-1/1 as also the direction of the Assistant Accounts Officer to recover Rs. 76,883/- Annexure-3 is contrary to the punishment imposed on the petitioner by the Chairman and Managing Director-cum-disciplinary authority under order dated 10th July, 2009, Annexure-1, whereunder only a sum of Rs. 4,598/- was directed to be recovered by way of penalty imposed on the petitioner. 4. Counsel for the Corporation has opposed the submission. He states that under the punishment order dated 10th July, 2009, Annexure-1 punishment of recovery has been imposed and the directions contained in order dated 10.5.2010 of the Project Manager (Annexure-1/1) and 25.5.2007 of the Assistant Accounts Officer (Annexure-3) is to recover the cost of the materials issued to the petitioner through indent and the amount of penalty has nothing - 3 - to do with the recovery which is said to be made of the value of the materials issued to the petitioner through indents. 5. Instead of myself going into the rival contention it is desirable to relegate the petitioner to the Chairman-cum-Managing Director of the Corporation to whom the petitioner should submit his representation highlighting the points which have been noted in this order and the Chairman-cum- Managing Director should consider and dispose of the same as early as possible, in any case within a period of three months from the date of its receipt. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)