- (1.) HEARD learned counsel for the parties.
(2.) PETITIONER is aggrieved by an office order contained in Memo No. 6 -04 -1718 -1 -04 -DP dated 20th May, 2005 issued by the order of the Chairman cum Managing Director, Bihar State Food and Civil Supply Corporation, whereby a sum of Rs.1,85,645.35 has been sought to be deducted from the salary of the petitioner as interest over the amount of defalcation already realised from the petitioner earlier, which is to be paid by him in installment and which does not exceed beyond 50 % of the salary, vide Annexure -3. It is the case of the petitioner that he was posted as Assistant Godown Manager under the Corporation at different places and during the period of his posting at Gumla, Khagaria and Ranchi between 1987 to 2001, there was shortage of grain in the godown. The said shortage of grain assessed by the respondents amounting to Rs.1,71,736.00 was recovered from the salary of the petitioner from 1993 to 2001. Thereafter, a show cause notice was issued on February, 2004 upon him as to why interest @ 18% be not charged on the amount of shortage to be recovered from his salary further. The petitioner through his show cause dated 12th July, 2004 submitted that since recovery of the amount has already been made during the period of April 2001, interest can not be recovered for a period beyond April 2001, when the amount in question had already been recovered. The petitioner also requested that his arrears of salary from August 1996 to October, 1996 and from April, 1997 to October, 1997 i.e. 10 months be also paid to him.
(3.) THE impugned order dated 20th May, 2005 has been passed thereafter directing recovery of the amount of Rs.1,85,645.35 in monthly installments which do not exceed 50% of his monthly salary.;