Judgment 1. Learned counsel for the petitioner has filed a rejoinder which is taken on the record. 2. Heard Mr. K.B.Verma, learned counsel for the petitioner and Mr. Sanjay Prakash Verma, Junior Counsel to Government Pleader No. 1 on behalf of the State respondents. 3. Learned counsel for the petitioner with reference to the counter affidavit and supplementary counter affidavit has submitted that the reliefs prayed for in this writ application have been substantially allowed except the relief in regard to the payment of an amount of Rs. 36,373/- said to be recovered on account of advance paid for execution of various works during the year 1999-2000. In regard to the said relief learned counsel for the State respondents has referred to the order of the Chief Engineer-cum-Additional Secretary, Department of Road Construction, Government of Bihar, bearing memo no. 1723 (E) dated 11.5.2004, Annexure C to the supplementary counter affidavit, whereunder the Chief Engineer-cum-Additional Secretary has directed that in the event the departmental authorities decide to recover the aforesaid amount they should issue a notice to the petitioner in that regard and only after hearing him pass an order for its recovery. 4. Learned counsel for the petitioner states that the Executive Engineer, respondent no.7 ignoring the aforesaid direction/observation of the Chief Engineer-cum-Additional Secretary is proceeding with recovery of the said amount. 5. In view of the direction of the Chief Engineer-cum-Additional Secretary itself, as contained in memo dated 11.5.2004, Annexure-C the Executive Engineer, respondent no. 7, is directed not to make recovery of the aforesaid amount until an opportunity of being heard to the petitioner is allowed and reasoned order is passed. 6. This disposes of this petition.