Rongon Mukhopadhyay, J. - (1.) In this application the petitioner has prayed for quashing of the order as contained in memo No. 3035 dated 19.11.2008 passed by the respondent No. 2 whereby and whereunder a decision has been taken to recover an amount of Rs. 5,05,680/ - from the petitioner on the basis of letter No. 4285 dated 06.08.2008 sent by the Minor Irrigation, Water Resources Department, Bihar. A further prayer has been made for quashing the office order issued vide memo No. 433 dated 05.06.2009 by the respondent No. 5 by which a direction has been issued to recover the said amount of Rs. 5,05,680/ - from the payable leave encashment and provisional gratuity of the petitioner.
(2.) The facts in brief is that the petitioner was appointed as Junior Engineer in the Department of Minor Irrigation, Water Resources Department in the undivided State of Bihar. After bifurcation the petitioner was allocated the State of Jharkhand and while the petitioner was posted as an Assistant Engineer, Water Resources Department a letter was sent from the State of Bihar to recover an amount of Rs. 7,93,647.30/ - by way of bank draft and send it to the concerned Executive Engineer of the State of Bihar. A request was also made to suspend the petitioner and initiate a departmental proceeding against him. The petitioner challenged the said proposed action by filing a writ application being W.P (S) No. 6339 of 2006 which was disposed of with a liberty to the petitioner to file representation before the respondent No. 2 who shall consider the same and after giving an opportunity of hearing was to pass an appropriate order in accordance with law. Pursuant to the order passed in W.P(S) No. 6339 of 2006 the petitioner made a detailed representation before the respondent No. 2 for which a committee was constituted. The committee on consideration of the representation submitted its report on 31.03.2008. Thereafter, the respondent No. 2 had passed a reasoned order in which the report of the committee was considered and it was recommended to send the matter to the Water Resources Department, Bihar, Patna to verify the bills/measurement books and take necessary action. The petitioner had raised an objection against the reasoned order dated 28.11.2006 on the ground that the committee had not properly considered the documents submitted by the petitioner. However, by virtue of an order dated 19.11.2008 based on the letter dated 06.08.2008 issued by the Minor Irrigation, Water Resources Department, Bihar an amount of Rs. 5,05,680/ - was sought to be recovered from the petitioner. Pursuant to the letter dated 19.11.2008 a further letter vide memo No. 433 dated 05.06.2009 was issued by the respondent No. 5 wherein the said amount of Rs. 5,05,680/ - was sought to be recovered from the leave encashment and provisional gratuity of the petitioner, since the petitioner has already superannuated from service on 31.05.2008.
(3.) Heard Mr. Siddhartha Ranjan, learned counsel appearing for the petitioner and M/s. Nehala Sharmin, learned J.C. to Sr. S. C. - II.;