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1999 DIGILAW 1264 (PAT)

Ramjanam Prasad Singh v. State of Bihar

1999-11-30

SUDHANSU JYOTI MUKHOPADHAYA

body1999
ORDER The writ petition has been referred by the petitioner for direction on the respondents not to make a deduction of Rs. 5000/- from the salary of the petitioner, as ordered when the L.P.C. and service book were sent by respondent-Executive Engineer, Sono, Water Resources Department, Sheikhpura on 25.7.1998. It appears that the petitioner was transferred from one place to another place and handed over the charge of the earlier place. In view of some report that there was some defect in handing over the charge of some instruments, it is stated that a sum of Rs. 5000/- has been ordered to be deducted. Counsel for the State while submitted that no such order has been enclosed with the writ petition, in the counter-affidavit, plea has been taken that last payment of petitioner had been made so in the L.P.C. the defect of charge has been mentioned and it was ordered for partial deduction from the salary. As I find that there is no proceeding initiated against the petitioner, nor any notice under Article 55A of Civil Services (Classification, Control & Appeal) Rules has been issued, I hold that the authorities had no jurisdiction to deduct any amount from the salary of the petitioner without affording opportunity to him. Accordingly, I direct the respondents not to deduct any amount from the salary of the petitioner without affording adequate opportunity in terms with Rule 55A of the Civil Services. However, appropriate order can be passed after such opportunity to the petitioner. If any amount deducted in the meantime in terms with order passed in L.P.C., the same should be refunded to the petitioner immediately. The writ petition stands disposed of, with the aforesaid observations.