IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4104 of 2009 Kusum Kumari Versus The State Of Bihar & Ors ----------- 02. 22.07.2011 Heard learned Counsel for the petitioner and the State. No Counter Affidavit has been filed on behalf of the State. Petitioner is posted as Auxiliary Nurse Midwife (ANM) in the Patnacity Hospital. Her case is that in the year 2003 itself she passed Hindi Noting and Drafting Examination and accordingly she was allowed three increments. Subsequently, without verifying the connected records, an audit objection was raised regarding the increment allowed to the petitioner on the ground that she has not passed Hindi Noting and Drafting Examination. The Superintendent, Patnacity Hospital, Patnacity without verifying the objection raised in the audit report, passed an order dated 23.06.2006, contained in Memo No. 648, directing recovery of Rs. 1,95,523/- from the petitioner by way of monthly installment of Rs. 3258/- from her salary on the ground that without passing Hindi Noting and Drafting Examination, she has been allowed increment and as 2 such received excess amount as salary. Counsel for the petitioner submits that similar orders had been passed by the Superintendent, Patnacity Hospital in cases of other employees, though they had also passed Hindi Noting and Drafting Examination, conducted by the Department of Rajbhasa, Government of Bihar, Patna. They moved before this Hon’bel Court by filling C.W.J.C. No. 9431 of 2006. The Order was quashed and the money which had been recovered, were directed to be refunded to the petitioner. Recovery form the salary of the petitioner is being made since July, 2006 and by now entire Rs. 1,95,523/- has been recovered by way of installment from her salary. The order dated 23.06.2006, contained in Memo No. 648, issued by the Superintendent, Patnacity Hospital, Patna is quashed. Respondent No. 5, Superintendent, Patnacity Hospital, Patna is directed to refund entire recovered amount to the petitioner within a period of two months from the date of production / communication of this Order. This application is allowed. SKM (Mridula Mishra, J.) 3