IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20348 of 2010 UPENDRA NATH JHA, S/O LATE NAGENDRA NATH JHA, R/O VILLAGE-NARUAR, P.S.-BHAIRAV ASTHAN, DISTRICT-MADHUBANI. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHWESHRAIYA BHAWAN, PATNA. 2. THE CHIEF ENGINEER, CENTRAL DESIGN ORGANISATION, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD CIRCLE, DARBHANGA. 4. THE SUB-DIVISIONAL OFFICER, QUALITY CONTROL SUB-DIVISION, DARBHANGA. …………………RESPONDENTS. ----------- For the Petitioner : Mr.G.K.Jha, Adv. and Mr. S.K.Jha, Adv. For the State : AAG-XI. ----------- 2 12.01.2011 By order of the Superintending Engineer dated 6.8.2010, as contained in Annexure-1, the increments granted to the petitioner pursuant to the time bound promotion granted in 1993 have been cancelled and his pay has been fixed accordingly, reducing the scales. Petitioner filed his objection against the said order before the Superintending Engineer, vide Annexure-3. The Superintending Engineer by letter dated 15.9.2010 referred the matter to the Chief Engineer, Central Design Organization for consideration of the matter and for grant of approval to the time bound promotion of the 2 petitioner. While the matter was pending before the Chief Engineer, as referred by the Superintending Engineer through his said letter dated 15.9.2010, an order has been issued by the Superintending Engineer on 4.10.2010, directing for recovery of the alleged excess amount paid to the petitioner on the basis of the said time bound promotion. Apparently, when the matter was pending before the Chief Engineer, no order of recovery from the salary of the petitioner could be issued. Since the matter is pending before the Chief Engineer, he is directed to examine the same and consider the representation of the petitioner, if necessary, by allowing him personal hearing and to place the documents, Government circulars and judgments of this Court on which he may rely and thereafter pass speaking orders in accordance with law. The orders in this regard shall be passed by the Chief Engineer positively within a period of three months from the date of receipt/production of a copy of this order. Till fresh orders are passed by the Chief Engineer, the order of recovery, as 3 contained in Annexure-2, passed by the Superintending Engineer contained in memo no.1438 dated 4.10.2010 shall remain stayed. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)