IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 4055 of 2007 PRAMOD KUMAR CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- 6 18.08.2008 The petitioner had, at his disposal, certain vehicles. The Bihar School Examination Board needed his vehicles either to carry question papers and answer books or to transport its employees on visits to other centres. Petitioner provided his vehicles for both the purposes aforesaid. Having complied with the requirements in this regard when he started approaching the Board for payment and refund of his security money, he was not obliged. He approached this Court. Now after this matter has been pending for almost a year, Board has come up with a counter affidavit wherein they have stated that they have now refunded the earnest money of Rs 30,000/- and balance due of about Rs 28,000/- by cheques dated 30.07.2008. Petitioner submits that this is not complete settlement of account. Respondents state that this is as per the log books available. They state that in respect of certain other transactions, as papers are not available, claim of petitioner cannot be examined much less settled. Having heard the parties, in my view, the petitioner accepts the payment under protest. For whatever balance that petitioner thinks is due, petitioner would make a representation to the Secretary of the Board within forty five days from today accompanied with whatever evidences he can bring on record in support thereof. The Secretary would get the matter examined and pass appropriate orders within one 2 month thereafter which should disclose reasons in support of the order and communicate the same to the petitioner. If it is found that legitimate payments are due then it is expected that Board, being an instrumentality of the State, would do what is just and fair and see that payments are made to the petitioner and will not resort to technicalities to defeat the legitimate claim of the petitioner. It is well established that no State instrumentality can act arbitrarily in matters even in contract. With this observation and direction, the writ application stands disposed of. M.E.H./ (Navaniti Prasad Singh)