IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3761 of 2006 RAM SWARUP PRASAD'MANJHI'SON OF LATE RAM KISHUN PRASAD MANJHI RESIDENCE OF BARSANDA, P.S. MUNGER DISTRICT MUNGER AT PRESENT POSTED AS BLOCK DEVELOPMNET OFFICER, NARKATIYAGANJ, WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. SECRETARY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. DIRECTOR DEPARTMENT OF WELFARE, BIHAR, PATNA. 4. DISTRICT OFFICER, KAIMUR AT BHABHUA 5. DISTRICT WELFARE OFFICER, KAIMUR AT BHABHUA 6. BLOCK DEVELOPMENT OFFICER, BHAGWANPUR BLOCK, BHABHUA. 7. THE DISTRICT OFFICER, WEST CHAMPARAN AT BETTIAH. 8. DISTRICT WELFARE OFFICER, WEST CHAMPARAN AT BETTIAH. 9. BLOK DEVELOPMENT OFFICER, NARKATIYAGANJ, DISTT. WEST CHAMPARAN. ----------- 5 28/10/2010 Learned Senior Counsel appearing for the petitioner seems to be correct atleast on one aspect of the matter that the petitioner was atleast entitled to show cause or an opportunity to offer his explanation before the deduction which was started to be made for the so called advance which the petitioner had taken and had not rendered accounts at the time of his transfer. Learned Senior Counsel submits that the - 2 - petitioner is in a position to offer all the explanations and the accounts with regard to the advance to the concerned authority provided they are willing to hear him and give him indulgence in this regard. He also contends that despite a direction by the then District Magistrate in this regard, the authorities have ignored to look into the matter. Without expressing any opinion on the merits of the explanation offered to this Court, petitioner is relegated to the Block Development Officer, Bhagwanpur Block, Bhabhua in the district of Kaimur where he will be given an opportunity of hearing and thereafter a final decision on the earlier decision with regard to the deduction which is being made from his salary will take shape. If the petitioner appears before the Block Development Officer by 15th December, 2010 and he cooperates in the matter, an early decision in this regard would be rendered by the Block Development Officer preferably within a period of three months from the date of appearance of the petitioner before him. This writ application is disposed of with the - 3 - above liberty and direction. Any deduction made so far will be subject to the outcome of such a decision and explanation offered by the petitioner with regard to the advance. AMIN/ (Ajay Kumar Tripathi, J.)