IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1215 of 2010 1. THE STATE OF BIHAR 2. THE DIRECTOR, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT AGRICULTURE DIRECTOR, TIRHUT DIVISION, MUZAFFARPUR 4. THE SUB-DIVISIONAL AGRICULTURE OFFICER, MUZAFFARPUR, DISTT. MUZAFFARPUR.. ….APPELLANTS Versus MOHIBUL HAQUE SON OF SABIRUL HAQUE, RESIDENT OF VILLAGE- NARKATIA, P.S. BOCHAHA, DISTRICT- MUZAFFARPUR………………………………….. RESPONDENTS ----------- 2 09-08-2010 Heard learned counsel for the appellants and perused the order under appeal passed by the learned Single Judge whereby C.W.J.C. No. 237 of 2005 preferred by the respondent, a retired employee of the State of Bihar, has been allowed. By the order under appeal dated 21-1-2010, considering all the relevant facts, an order for recovery of Rs.2,92,200/- from a retired employee has been quashed because the recovery was being made on the basis of allegations which had not been established in any disciplinary proceeding for which there exist provisions under the Bihar Pension Rules. We find that the order of the writ court 2 suffers from no illegality. This appeal is accordingly, dismissed. It is, however, made clear that if the law of Limitation prescribed under Rule 43 (b) of the Bihar Pension Rules permits then the appellants may take recourse to an appropriate proceeding against the retired employee if they want to recover the alleged loss. Naresh ( Shiva Kirti Singh, J.) ( B.P. Verma, J)