IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5555 of 2008 VIJAY KRISHNA SINHA, SON OF LATE MANI CHANDRA SINHA, RESIDENT OF BHURIYA, P.O. + P.S. SAUSANHALWA, DISTRICT BHAGALPUR ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. CHIEF SECRETARY, BIHAR. 3. SECRETARY, MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA. 4. DEPUTY SECRETARY, MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA. 5. CHIEF ENGINEER, MINOR IRRIGATION, GOVERNMENT OF BIHAR, BHAGALPUR. 6. SUPERINTENDING ENGINEER, MINOR IRRIGATION, GOVERNMENT OF BIHAR, SAHARSA CIRCLE. 7. EXECUTIVE ENGINEER, MINOR IRRIGATION, GOVERNMENT OF BIHAR (SAHARSA CIRCLE). ---- RESPONDENTS with CWJC No.5710 of 2008 KAPILDEO SINGH, SON OF LATE BASHISHT NARAIN SINGH, RESIDENT OF VILLAGE TEGRA, POST BALHI TEGHRA, P.S. SIMRI BAKHTIARPUR, DISTRICT SAHARSA. ------ PETITIONER Versus 1. THE STATE OF BIHAR. 2. CHIEF SECRETARY, BIHAR. 3. SECRETARY, MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA. 4. DEPUTY SECRETARY, MINOR IRRIGATION, GOVERNMENT OF BIHAR, PATNA. 5. CHIEF ENGINEER, MINOR IRRIGATION, GOVERNMENT OF BIHAR, BHAGALPUR. 6. SUPERINTENDING ENGINEER, MINOR IRRIGATION, GOVERNMENT OF BIHAR, SAHARSA CIRCLE. 7. EXECUTIVE ENGINEER, MINOR IRRIGATION, GOVERNMENT OF BIHAR (SAHARSA CIRCLE). ---- RESPONDENTS ----------- 2 11.5.2011 The petitioners are Correspondence Clerks and were working in the Minor Irrigation Department in Saharsa Circle. The petitioners are aggrieved by the fact that in the departmental proceeding, there has been an order of recovery of Rs. 2,65,899/- from the retiral dues of the petitioners. The facts are that three persons 2 namely Sajjar Bhagat, Bhupendra Yadav and Pappu Kant Thakur joined the office of the Minor Irrigation Department, Saharsa Circle on orders of transfers. Those orders of transfers were received by the petitioners who at the relevant time were Establishment Clerks. It was later discovered that these letters of transfers were forged documents. The three incumbents worked from October, 1997 to August, 2000 and received salary from Saharsa Circle. It is alleged that the petitioner who was a Establishment Clerk, ought to have noticed that the orders of transfers were not in accordance with the normal letters issued by the department, inasmuch, as the memo number was not mentioned in the letters. It is said that this fact ought to have been brought to the notice of the Head of the Department so that an enquiry should be made regarding their transfers. It may be noted here that it is Head of the office who accepts and signs on the joining of a candidate. On behalf of the petitioners, it is submitted that it was not the duty of the petitioners to verify the letters. The 3 petitioners presumed that the orders of transfers were genuine as the reason for a person at the level of Clerk to think otherwise, one of the reasons could be that the posts were vacant otherwise the three illegal appointees could not have joined in the Saharsa Circle. Later it was discovered that these three persons coming from three different districts were all illegal appointees. The claim of the petitioner is that he cannot be held responsible for issuance of forged and fabricated appointment letters or for the forged letters of transfers. It is submitted, that it was for the Head of the Department to verify the transfer orders or for that matter to examine the letters of transfer at the time when the joining of the petitioners was accepted. The submission is that the petitioners has been made scapegoat for the entire transaction. The recovery should be made from the incumbents who were illegally appointed by taking appropriate steps in the matter. It is submitted that the petitioners cannot be held responsible for payment of salary to them. 4 Since there is a provision for appeal, these facts should be considered by the appellate authority. The petitioners are directed to file an appeal before the Secretary of the Minor Irrigation Department, Government of Bihar, within a period of six weeks from the date of receipt of a copy of this order. The Secretary, Minor Irrigation Department, Government of Bihar should dispose of the petition within a period of four months thereafter. Delay in filing of the appeal may be condoned in view of the fact that the petitioners were pursuing their remedy before this Court. These writ applications are disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)