Patna High Court
The Managing Director, Bihar State ... vs The State Of Bihar on 6 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1435 of 2023
In
Civil Writ Jurisdiction Case No.10606 of 2023
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1. The Managing Director, Bihar State Warehousing Corporation 2/B, 1st
Floor, Maurya Lok Complex, Patna.
2. The Bihar State Warehousing Corporation, 2/B, 1st Floor, Maurya Lok
Complex, Patna through its Managing Director, Bihar State Warehousing
Corporation.
3. The Secretary, Bihar State Warehousing Corporation, 2/B, 1st Floor, Maurya
Lok Complex, Patna.
4. The Divisional Manager, Bihar State Warehousing Corporation, 2/B, 1st
Floor, Maurya Lok Complex, Patna.
5. The Accounts Officer, Bihar State Warehousing Corporation, 2/B, 1st Floor,
Maurya Lok Complex, Patna.
6. The Chairman, The Bihar State Warehousing Corporation, Patna, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Cooperative, Government of Bihar, New Secretariat, Patna.
2. Awadhesh Singh S/o Ram Chandra Singh R/o Village-Lahsuna, P.S.-
Masaurhi, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mithilesh Kumar Rai, Advocate
For the State : Mr. Sanjay Kumar, AC to GA-13
For the Respondent No.2: Mr. Sunil Kumar Pathak, Advocate
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Patna High Court L.P.A No.1435 of 2023 dt.06-02-2025
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 06-02-2025
Heard the learned counsel for the parties.
2. The respondent No. 2 had approached this
Court vide C.W.J.C No. 12203 of 2013 seeking a
direction to the Warehousing Corporation to make him
available his retiral dues including gratuity, leave
encashment, pension and arrears of salary as also the
provident fund.
3. The learned Judge hearing the petition
found that earlier a departmental proceeding had been
initiated against respondent No. 2, which ended in an
order requiring recovery of an amount of Rs. 5.7 crores
against the respondent.
4. This was assailed by respondent No. 2 in
C.W.J.C. No. 11254 of 2017, in which, it was held that
the respondent could not have been punished without
Patna High Court L.P.A No.1435 of 2023 dt.06-02-2025
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resorting to the provisions in that regard contained in
Bihar Pension Code, after retirement. However, in this
instance, the Court observed that the pension is a
fundamental right and is not dependent on the whims of
the employer. The employer/Warehousing Corporation
was required to decide as to what amount and under
which rules it was required to be deducted from the
pension of the respondent.
5. This order was challenged in L.P.A. No.
635 of 2018, when a Division Bench of this Court,
modifying the order dated 08.03.2018, referred above,
gave a direction to the Managing Director of
Warehousing Corporation to examine the claim of the
respondent in accordance with law with regard to its
admissibility that may have applied to similarly situated
employees and pass an appropriate order within three
months from the date of production of a copy of the
order.
6. Pursuant to that order, the Managing
Patna High Court L.P.A No.1435 of 2023 dt.06-02-2025
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Director passed an order, holding that since the
respondent was the person in-charge of the godown
from where there was pilferage and shortage worth
crores of rupees was detected, the amount had to be
deducted from the pensionary emoluments of the
respondent only.
7. The decision of the Managing Director,
Warehousing Corporation was again put to challenge in
C.W.J.C. No. 10606 of 2023.
8. In this instance, a judgment was passed on
31.10.2023
, which is under challenge in the present
appeal.
9. The learned Single Judge found that the
directions issued by the Division Bench of this Court in
L.P.A. 635 of 2018 on 19.06.2019 was not carried out
in letter and spirit. The respondent may have been
posted as godown In-charge, but considering the large
scale misappropriation which was detected by the audit
team, supposedly causing losses of around Rs. 5.69
Patna High Court L.P.A No.1435 of 2023 dt.06-02-2025
crores, it was observed that this could not have been
effected at the instance of one person only. There were
other eleven employees of the Corporation, who were
also made accused along with the respondent.
10. On what basis was the quantum
recoverable from the respondent assessed, was not very
clear from the order passed by the Managing Director.
11. Considering these aspects of the matter,
the learned Single Judge directed that the Managing
Director ought to pass a fresh order after giving an
opportunity to the respondent to place his case on the
basis of facts as well as documents, whereafter the
Managing Director would assess the loss for which the
respondent was responsible.
12. The contention of the
appellant/Warehousing Corporation that according to
the rules of the Warehousing Corporation, any loss from
the godown and its corresponding quantified amount,
has to be recovered from the godown In-charge and
Patna High Court L.P.A No.1435 of 2023 dt.06-02-2025
respondent No. 2 had been the godown In-charge at
that time. The rest of the other persons were not
involved with the affairs of the godown.
13. In any view of the matter, since the issue
has been sent to the Managing Director to pass a fresh
order with respect to the recovery of the losses suffered
by the Corporation as against the respondent, we do not
wish to interfere with the same.
14. The Managing Director of the
Warehousing Corporation shall pass a reasoned order
after taking into account all the facts and if possible,
after giving a hearing to the respondent. We have said
so for the reason that such huge amount is likely to be
recovered from the pensionary benefits of the
respondent.
15. The order so passed shall be made
available to the respondent at the earliest. The exercise
should be completed within a period of four months from
the date of receipt/production of a copy this order.
Patna High Court L.P.A No.1435 of 2023 dt.06-02-2025
16. The appeal stands disposed off
accordingly.
17. Interlocutory application(s), if any, also
stands disposed off.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Manoj/Praveen-II
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.02.2025
Transmission Date NA
