IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1502 of 2007 RAM PUKAR THAKUR Versus THE STATE OF BIHAR & ORS ----------- 03. 19.09.2008 After having heard learned counsel for the parties and the background to the dispute under which the order dated 5th of July, 2007, contained in annexure-9, has come to be passed there may not be an occasion for this Court to get into details of the relief which the petitioner is seeking in the present writ application. Petitioner was a Paid Manager and his grievance is that he had not been paid salary from 1996 till 31.3.2003. Since salary was not paid for a long period the petitioner made a request for release of certain advances the figure of which seem to be reflected in the order contained in annexure-9. This advance got never adjusted nor was salary paid to the petitioner but subsequently surcharge proceeding Nos. 4/5 and 5/5 were initiated against him and orders have been passed for payment of Rs.64, 464.00 and Rs.54, 400.00 respectively. Petitioner therefore has come before this court now not only seeking a direction for payment of his salary but also relief against annexure-9 dated 5th July, 2007. Since the order, contained in annexure-9, is the outcome of surcharge proceedings the Court will not entertain the matter at this stage. Liberty is granted to the petitioner to move the Registrar, Co- operative Society, or any other authority under him, challenging the orders passed in the two surcharge proceedings which would be entertained on filing without any objection to the question of - 2 - limitation being raised therein. The concerned authority will also take into account the background under the said advance came to be made as well as claim of the petitioner for salary against which, the petitioner states, those advances were sanctioned. Let the matter be decided within a period of four months from the filing of the application by the petitioner against surcharge proceedings in question. The writ application stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)