IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.512 of 2010 Shambhu Nath Jha son of Late Shobha Kant Jha, resident of village- Keshuli, P.S. Benipatti, District Madhubani at present residing in Quarter No.12, Road No.21, Gardanibagh, P.S. Gardanibagh, District Patna ……..Appellant Versus 1.The State of Bihar 2.The Secretary, Higher Education, Government of Bihar, New Secretariat Building, Bailey Road, Patna 3.The Director, Higher Education, Government of Bihar, New Secretariat Building, Bailey Road, Patna 4. The Director, Lalit Narayan Mishra Institute of Economic Development and Social Change, Bailey Road, Patna-800 001 5. The Registrar, Lalit Narayan Mishra Institute of Economic Development and Social Change, Bailey Road, Patna-800 001. ………Respodents ----------- For the Appellant : Mrs. M. Chatterjee, Advocate For the Institute : Mr. R.K. Shukla, Advocate For the State : Mr. Sunil Kumar Mandal, SC 24 Mr. Bipin Kumar, Advocate 5 25.3.2011 The instant appeal has been preferred against the order dated 27.1.2010 passed in C.W.J.C.No. 11397 of 2005 whereby while the learned Single Judge declining to quash the order of punishment asking the appellant to deposit a sum of Rs.2,69,684.00 towards the loss of books, observed that the same would be recovered subject to fresh physical verification/scrutiny of books in the Library in terms of the Library Rules by the Lalit Narain Mishra Institute of Economic Development and Social Change (hereinafter referred 2 to as ‘the Institute’). The appellant is also aggrieved by the part of the order whereby the learned Single Judge allowed payment of only 75% of terminal dues admissible to the appellant. 2. The facts relevant for disposal in short are as follows. The appellant was appointed as Librarian in the Institute on 16.8.1982 and on which post he continued till 31.7.2001. There was a report of missing of large number of books from the Institute. A Committee headed by Dr. S.N. Das submitted a report on 3.11.2001 that as many as 3899 books are missing from the Institute. A departmental proceeding was initiated and charge was framed against the appellant vide memo no.174/02 dated 22.3.2002 (Annexure-9 to the writ petition) for the reported missing of books during his tenure as Librarian. The Inquiry Officer vide his report dated 3.10.2002 indicted the petitioner for the loss of books. On 3.10.2002 the departmental proceeding concluded and the appellant was awarded punishment to deposit a sum of Rs.2,69,684.00 towards loss of books which were lost during his tenure. 3. Being aggrieved by the order of punishment, the 3 appellant moved this court in C.W.J.C.No.11397 of 2005. The appellant took the plea that he cannot be proceeded under section 43(b) of the Bihar Pension Rules as the same has not been adopted by the Institute. The appellant also argued that in the inquiry report there was no mention of names of books or its author or the publisher. Even price of books were not mentioned. The Institute admitted before the learned Single Judge that it has not adopted the Bihar Pension Rules. The learned Single Judge after considering the submissions of the appellant that 134 books should be excluded from the list of missing books as the price in respect of the same was either realized or such books were missing from before the joining of the appellant as Librarian. The learned Single Judge after hearing the parties directed the Institute to undertake a fresh physical verification/scrutiny of books in the Library in terms of the Library Rules and if the appellant is found responsible for the missing books, the cost of the same would be recovered from him. The learned Single Judge directed that in the meanwhile the respondents should release 75% of terminal dues admissible to the 4 appellant. 4. Mr R.K. Shukla, learned counsel for the Institute submits that pursuant to the direction of the learned Single Judge passed in C.W.J.C.No.2134 of 2002, a proceeding under the Bihar Pension Rules was concluded. The appellant has been found responsible for loss of valuable books. 5. We have heard learned counsel for the parties and perused the materials on record. We find that a committee headed by Dr. S.N. Das submitted a report regarding missing of 3899 books from the Institute. It further appears from the report that the appellant was Incharge of the Library from 16.8.1982 to 31.7.2001. As most of books were lost during the tenure of the appellant, a departmental proceeding under section 43(B) of the Bihar Pension Rules was started and expedited by order dated 20.5.2002 passed in C.W.J.C. No.2134 of 2002. On finding the appellant guilty in the departmental proceeding, he was directed to deposit a sum of Rs. 2,69,684.00 towards loss of missing books.. 6. The learned Single Judge in his order has directed the Institute to undertake a fresh physical 5 KHAN verification/scrutiny of books in the Library in terms of the Library Rules and to pay 75% of the terminal dues admissible to the appellant. We are of the view that the learned Single Judge has rightly not directed for payment of the entire retrial dues, as in case if the appellant is found responsible for missing of the books after fresh scrutiny, the same can be realized from the part of the retrial dues. We thus do not find infirmity in the order dated 27.1.2010 passed by learned Single Judge. We further find that sufficient relief has been granted to the appellant as the price of books is sought to be realized without interest. 7. In this view of the matter, we do not find any merit in this appeal. It is accordingly dismissed. (S.K. Katriar,J) (S.P.Singh,J)