IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18055 of 2009 UPENDRA YADAV S/O RUPLAL YADAV R/O MOH- HOUSE NO. 11, B.V. COLLEGE CAMPUS, P.O. B.V. COLLEGE, P.S. AIRPORT, DISTT. & TOWN PATNA - 800014 Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPTT. OF ANIMAL & FISHERIES, NEW SECRETARIATE, GOVT. OF BIHAR, PATNA-15 2. DIRECTOR ANIMAL HUSBANDARY DEPTT., GOVT. OF BIHAR, PATNA 3. REGIONAL DIRECTOR ANIMAL HUSBANDARY DEPTT., CENTRAL RANGE, PATNA 4. SPECIAL DEPUTY DIRECTOR (ANIMAL HUSBANDARY) LARGE ANIMAL DEVELOPMENT PROJECT, DEPTT. OF ANIMAL HUSBANDRY, PATNA 5. TREASURY OFFICER PATNA 6. ACCOUNTANT GENERAL OFFICE OF ACCOUNTANT GENERAL, BIHAR, PATNA 3 22.02.2010 A counter affidavit has been filed on behalf of the respondent no.5. Heard learned counsels for the petitioner and the State. The grievance of the petitioner is against the recovery of Rs.32,827/- from his gratuity as per memo no. 445 dated 19.11.2009 (Annexure-5). It is submitted on behalf of the petitioner that the aforesaid amount has been recovered without any reason disclosed in the aforesaid order and that too without affording any opportunity to the petitioner to explain his stand. Notwithstanding his claim that the petitioner has not been paid any amount in excess, however if any excess amount is paid, the same has been paid by the department and the petitioner cannot be held - 2 - responsible for the same as the petitioner did not play and fraud or misrepresented the authorities. Learned counsel appearing for the respondent- State submits that the matter needs to be verified from the record that under what circumstance the petitioner was paid in excess to which he was not entitled in law and since the amount was paid in excess it was open for the State to adjust the said amount. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the grievances against the order as contained in Annexure-5, petitioner proposes to file a fresh representation before the respondent no.2. In such view of the matter, in case such representation stating details of the claims is filed by the petitioner within a period of six weeks along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider each of the claims raised by the petitioner in his representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation so that the grievances of the petitioner could be settled without delay. Upon consideration in case the representation of the petitioner is accepted, the respondent no.2 shall - 3 - simultaneously issue necessary orders for refund of the amount which was deducted from the gratuity of the petitioner. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)