Judgment 1. Heard counsel for the petitioner and the counsel appearing for Siwan Central Co-operative Bank. 2. Petitioner has filed this application for quashing the entire certificate proceeding of Misc. Case No. 45 of 2003-04 as well as the order dated 3.8.2005 passed by the Certificate Officer remanding the petitioner to civil prison for a period of 179 days. 3. The question which is to be decided is whether the certificate proceeding is maintainable and the money for realisation of which requisition has been filed is a public demand. The petitioner is an employee of the Bank and the allegation against him is that he defalcated some amount. For realisation of defalcated amount instead of initiating departmental proceeding, a certificate proceeding has been initiated by the respondents Bank. Earlier also for similar amount Certificate case no. 23 of 2003-04 was initiated and the petitioner was taken into custody. That certificate proceeding was challenged by filing C.W.J.C. No. 8683 of 2005 and the certificate proceeding was quashed holding that the amount for realisation of which certificate proceeding has been initiated is not a public demand in terms of Clause 15(2) of the 1st Schedule to the Act. Against the judgment and order passed in C.W.J.C. No. 8683 of 2005, the respondent Bank preferred L.P.A. No. 1429 of 2005 and the same has also been dismissed. Issues involved in the present application has already been decided now nothing is left for being decided. 4. Accordingly this application is being disposed of in terms of the order passed in C.W.J.C. No. 8683 of 2005 and L.P.A. No. 1429 of 2005. Accordingly the entire certificate proceeding of Misc. Case no. 45 of 2003-04 pending before the Certificate Officer. Siwan Central Cooperative Bank is quashed. This application is allowed.