Judgment 1. This application has been preferred by the petitioner against the letter dated 17th February, 1999 (Annexure-13), whereby and whereunder, the Respondents have directed the petitioner to deposit the Provident Fund amount of 15 employees within seven days, whose names have been shown in the enclosure, which amount was earlier withdrawn with clear stipulation that otherwise F.I.R. will be lodged against the petitioner. Such direction has been given by giving a reference of a writ petition (C.W.J.C. No. 726/97) (Smt. Asha Devi vs. State of Bihar and ors.) disposed of on 29th June, 1998. 2. The brief fact of the case shows that while the petitioner was functioning as clerk in Primary Health Centre, Ramnagar, Provident Fund amounts of certain employees were withdrawn but not paid in favour of such employees. Subsequently, the petitioner and the Incharge Medical Officer of said Primary Health Centre, both were suspended. Against the order of suspension dated 19th April, 1996, when petitioner moved this Court, the order of suspension was revoked on 12th November, 1997. The petitioner was again placed under suspension on 2nd January, 1998, which was revoked in pursuance of this Courts order dated 23rd June, 1998 passed in C.W.J.C. No. 3013/98. 3. Thereafter, while the petitioner was functioning, the impugned letter was issued on 17th February, 1999 and petitioner as also the I/C. Medical Officer (Dr. Hem Chandra Lal Karn), they were jointly directed to deposit the Provident Fund amount of 15 persons with threat to lodge criminal case against them. 4. The stand taken on behalf of the State is that the said order was passed in view of order dated 29th June, 1998, passed in C.W.J.C. No. 726/97 (Asha Devi and ors. vs. State of Bihar and ors.). However, such stand cannot be accepted as from the order dated 29th June, 1998. It will be evident that no direction was given to recover any amount from the petitioner, but the State authorities were directed to take necessary steps for payment of Provident Fund amount to Asha Devi and others, recording the statement as was made by the Civil Surgaon, West Champaran in his counter affidavit. 5. It will be evident that no direction was given to recover any amount from the petitioner, but the State authorities were directed to take necessary steps for payment of Provident Fund amount to Asha Devi and others, recording the statement as was made by the Civil Surgaon, West Champaran in his counter affidavit. 5. The 2nd paragraph of order dated 29th June, 1998 passed in C.W.J.C. No. 726 of 1997 is mere statement as was made by the Civil Surgeon, West Champaran in the counter affidavit has been recorded by this Court and the same cannot be construed to be a direction of this Court. 6. The petitioner has stated that the order was passed on 29th June, 1998 in C.W.J.C. No. 726/97 without notice and hearing him. In the aforesaid background also, the 2nd paragraph of the said order cannot be construed to be a direction of this Court. 7. This apart, without holding the petitioner guilty of the charge, in question, the authorities should not have forced the petitioner to deposit the amount. The petitioner having suspended, it was always open to the authorities to proceed departmentally and/or to lodge F.I.R. against the erring officer/person. 8. For the reasons aforesaid, the impugned order dated 17th February, 1999 (Annexure-13) having issued on wrong presumption that the Court has directed the petitioner to deposit the amount, I set aside the said order. However, this order will not stand in the way of the Respondents to lodge F.I.R. against the erring officer/person and/or to proceed departmentally, in accordance with law, for recovery of the amount. 9. The writ petition stands disposed of with the aforesaid observations and directions. 10. Let a copy of this order be handed over to learned Standing Counsel No. II.