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Patna High CourtCWJC/5180/2023disposed

Surendra Choudhary, v. The State Of Bihar,

2024-10-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5180 of 2023 ====================================================== Surendra Choudhary, S/o- late Umesh Choudhary, R/o- Sabha Sadan at Khabara Dih,P.O- Khabra, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Additional Chief Secretary, Science and Technology Department, Technology Bhawan, Patna. 2.

The Director, Science and Technology Department, Bihar, Patna. 3.

The Joint Director, Science and Technology Department, Technology Bhawan, Patna.

4.

The Principal, Muzaffarpur Institute of Technology, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Kumar, Advocate For the State :

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2024 Heard learned counsels for the parties.

2. The present writ application has been filed for quashing the Letter No. 1009 dated 25.10.2021, Letter No 172 dated 12.0.2022 and Letter No. 443 dated 01.04.2022 issued by the Principal, Muzaffarpur Institute of Technology, Muzaffarpur (Respondent No. 4) whereby and whereunder petitioner was asked to submit show cause as to why excess payment made to the petitioner shall not be recovered. Further prayer has been made for directing the respondents not to deduct any amount from the petitioner.

3. In view of the limited nature of prayer, this writ application is disposed of with a direction to the petitioner to

Patna High Court CWJC No.5180 of 2023(2) dt.24-10-2024 2/2 file appropriate reply to the show cause issued by the Principal, Muzaffarpur Institute of Technology, Muzaffarpur (Respondent No. 4) along with all the necessary documents and details in support, within a period of six weeks from today.

4. In the event the petitioner files his reply to show cause within the stipulated period, the Principal, Muzaffarpur Institute of Technology, Muzaffarpur (Respondent No. 4) is directed to consider the reply of the petitioner and dispose of the matter, in accordance with law, after hearing the parties, by a reasoned and speaking order, preferably within a period of six months thereafter.

5. It is made clear that till final orders are passed by the Principal, Muzaffarpur Institute of Technology, Muzaffarpur (Respondent No. 4), no recovery shall be made from the salary of this petitioner.

(Prabhat Kumar Singh, J) shashank/- U