Ashok Kumar vs The State of Bihar and Others

Shiva Kirti Singh, J.—Heard the learned counsel for the petitioner and learned counsel for the State. From the materials on record it appears that petitioner, while he was working as a temporary employee as Night Guard in Magadh Mahila College (Hostel) did not attend to his duty on a large number of days much beyond the permissible leave. On that account, the authorities had to make adjustment of extra payment made to him earlier and his salary for 435 days was not paid. After such adjustment petitioner is getting regular salary since February, 2001.

It has been submitted on behalf of the petitioner that no doubt the respondents are custodian of records and they are expected to make calculations on the basis of correctly maintained records but before stopping petitioner''s salary for adjusting the excess payment petitioner should have been given an opportunity of hearing so that he could have also looked into the calculations and records to find out errors, if any.

The alleged excess payment has already been realised from the petitioner by adjustment from his salary. In such circumstances and considering the facts that the adjustments have been made on the basis of records, this Court is not persuaded to quash the relevant decisions of the authority. However, in the interest of justice it is ordered that the petitioner be afforded the post decisional hearing by giving him opportunity to file a show cause in the matter. If he files a show cause on the basis of the materials disclosed in the counter affidavit or in the writ petition, the authority concerned shall be at liberty to reexamine all the facts. It is expected that such re-examination of facts and calculations will be done within a period of two months from the date of filing of the representation by the petitioner. If any error is found out and if petitioner is found entitled for any payment then such amount should be paid to the petitioners within a further period of one month thereafter. The writ petition is, thus, disposed of.