IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.793 of 2004 LALA NAND KUMAR Versus THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LTD. & ORS. ----------- 6. 11.9.2008. Writ petitioner-appellant, aggrieved by the order dated 16.7.2004 passed by a learned Single Judge in C.W.J.C.No.6823 of 2004 dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent. Writ petitioner-appellant, hereinafter referred to as the writ petitioner, at the relevant time, was posted as Assistant Godown Manager in one of the godowns of Bihar State Food and Civil Supplies Corporation Limited. For some alleged shortage, certain amount was directed to be recovered from him. He challenged the said order by filing C.W.J.C.No.6608 of 20202 (Lala Nand Kumar Vs. Bihar State Food & Civil Supplies Corporation Limited & ors) before this Court and by order dated 30.6.2008, said writ application was disposed of with the following direction: “From the pleadings filed on behalf of the Corporation by way of counter affidavit and supplementary counter affidavit, it does not appear that any proceeding was initiated for recovery of the shortage, as such, recovery of amount of Rs.2,87,160.47 from the salary of the petitioner is not in accordance with law and - 2 - this writ application is disposed of with direction to the petitioner to appear before the Managing Director of the Corporation on 14.7.2008 with a certified copy of this order, whereafter proceeding for shortage/recovery shall be initiated against the petitioner in which the petitioner will be given liberty to file his written defence and the matter shall be considered with respect to records after giving the petitioner adequate opportunity to rebut the allegation of shortage in the godown and proceeding shall be concluded as early as possible, in any case within six months and if ultimately authorities come to the conclusion that the shortage was not at the instance of the petitioner then the amount recovered shall be refunded to the petitioner with interest. The question of shortage in the proceeding shall be considered in the light of the circular of the corporation, bearing No.1179 dated 9.2.1978. Annexure-23 and the subsequent clarificatory circulars issued thereafter.” Writ petitioner was also asked to pay interest on the amount which was sought to be recovered from him. He challenged the same in the writ application, which has given rise to the impugned order. Mr. Jitendra Nath, appears on behalf of the appellant. Bihar Food and Civil Supplies Corporation Limited is represented by Mr. R.S.Pradhan, Senior Advocate. It is common ground that the writ petitioner has been asked to pay interest on account of the alleged shortage in the godown and for which he was asked to pay certain amount. - 3 - In view of the order of this Court dated 30.6.2008 passed in C.W.J.C.no.6608 of 2008, liability of the writ petitioner is yet to be adjudicated. In that view of the matter, we are not inclined to interfere with the impugned order. However, payment of interest shall abide by the decision on his liability, which is required to be taken in the light of the aforesaid order of the Court. In case, it is found that the writ petitioner is not liable to pay any amount, obviously, he shall not be entitled to make payment of the interest also. With the aforesaid clarification, this appeal stands disposed off. (C.K.Prasad) (Dr.Ravi Ranjan) ahk