IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18389 of 2010 SURENDRANATH BANERJEE S/O LATE KAPILDEO BANERJEE RESIDENT OF ASHIRBAD KUTIR, MAHABIR BIGHA PALI ROAD DEHRI-ON-SONE P.S. DEHRI ON SONE DISTRICT ROHTAS. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN VIDUT BHAWAN, BAILEY ROAD, PATNA. 2. SECRETARY, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN BAILEY ROAD PATNA. 3. FINANCIAL CONTROLLER, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN BAILEY ROAD PATNA. 4. DIRECTOR TERMINAL BENEFIT, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN BAILEY ROAD PATNA. ----------- 2 08.11.2010 Heard learned counsel for the petitioner and the respondent Board. Learned counsel for the petitioner submits that after passing the order of this Court as contained in Annexure 2A, the respondent Board sanctioned the gratuity as per Annexure-3, however, while sanctioning a sum of Rs.96,753 was directed to be recovered from the gratuity which was ultimately recovered. Learned counsel further submits that the respondent Board ought not to have passed the order for recovery before disposing of the reply submitted by the petitioner to show cause notice issued to him as per Annexure-1. Learned counsel for the Board submits that the submission of the petitioner needs to be verified from the record. 2 In the above circumstances, in case no final order has been passed on the reply submitted by the petitioner to the show cause notice as contained in Annexure-1, and if the full amount has not been recovered as yet, the same would be kept in abeyance. Learned counsel submits that since amount has been recovered and as such the Board may pass the final order on the reply filed by him to the show cause notice and in case the show cause is accepted, the amount recovered, if any, may be refunded back expeditiously, preferably within a period of two months after passing of the order. The writ application stands disposed of with the above observations/directions. Amrendra/ ( Shailesh Kumar Sinha, J.)