IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12800 of 2009 RAJ KISHORE SAH Versus THE STATE OF BIHAR & ORS ----------- 2. 7.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the notice dated 14.7.09 directing him to deposit a sum of Rs. 1,27,599/-. He is stated to have filed his reply to the same on 21.8.09. It appears that in his capacity as the Panchayat Sevak Gram Panchayat Munger, Block- Dharahra District- Munger under Scheme No. 20 of 2007-08 for certain repair and construction he was given advance money. The petitioner has himself enclosed the enquiry reports with regard to the works done at Annexures 2, 3 and 4 and in pursuance of which the order dated 14.7.09 has been issued. Notwithstanding the availability of the enquiry reports with him his reply simply states that he has spent the amount without adverting to the enquiry reports on its own merits. At this stage the matter is simply of an enquiry on facts. Either the enquiry report inducts the petitioner or absolves him. The reports are available with him but he refuses to deal with it. At this stage, learned counsel for the petitioner submits that he may be granted liberty to file a detailed reply in addition to that filed by him on 21.8.2009 dealing with the enquiry reports at Annexures 2, 3 and 4 already available with the petitioner. Learned counsel for the State submits that final orders have been passed on 14.7.09 for deposit of the amount in light of the 2 enquiry reports. This court is satisfied that the interest of justice requires an opportunity to the petitioner to demonstrate that no advance funds remain with him and in fact it has been utilized if he so contends. If the petitioner files his additional show cause within a period of two months from today, the respondents shall be at liberty to thereafter pass reasoned and speaking orders in accordance with law. In the event of his failure to do so within time, the order dated 14.7.2009 shall require no interference and the respondents shall be at liberty to proceed for recovery in accordance with law. It is made clear that all issues of facts remain open for consideration by the respondents in light of the earlier enquiry report available to them and the cause which may be shown by the petitioner. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)