IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12958 of 2009 SURESH PASWAN Versus THE STATE OF BIHAR & ORS ----------- 2/ 08-10-2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by certain entries made in the service book for alleged recovery of an amount of Rs. 2, 57, 148.00 on account of certain advance given to him for execution of works. It appears from Annexure-17 that the petitioner was confronted with a fate accompli for deposit of the amount. He is stated to have filed his reply on 02.08.2009, appended as Annexure-18 to the writ application. If the petitioner was liable to return any money’s which he denies and the respondents propose to take steps for recovery, it can be equated to a minor punishment when the recovery is to be effected from his salary. Annexure 17 is thus deemed to be a show cause replied on 02.08.2009. The respondents are now required to pass a speaking order on the cause shown in accordance with law. Till a final decision in this regard is taken, no recovery shall be effected from the petitioner in pursuance of the entries made by the authorities. Thereafter recovery - 2 - may proceed in accordance with law. If the petitioner is aggrieved by the final order that may be passed by the authorities, it shall be open for him to move before appropriate forum, if he so desires. With the aforesaid observation, this writ application stands disposed. ( Navin Sinha, J ) BTiwary/