SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) I .A. No. 2047 of 2006 has been filed praying for modification in the prayer portion of the writ application in order to include the prayer for quashing memo No. 251 dated 28.4.2006, as contained in Annexure -9 in the I.A., by which it has been ordered that Rs. 17,441,75 will be recovered from the petitioner's salary in 30 installments. The said order being in continuation of the earlier order dated 18.8.1999 and 31.3.2006 by which the time bound promotion granted to the petitioner on 26.11.1994 was cancelled and the same was granted from 30.7.1996 and direction for recovery of the excess amounts between the said period had been made.

(2.) IN the circumstances, the interlocutory application is allowed by permitting the said amendment in the prayer portion of the writ application.

(3.) THE petitioner had filed the present writ application initially for quashing memo No. 108 dated 18.8.1999 issued by the Executive Engineer, Bridge Design Division No. 2 Advance Planning, Road Construction Department, Patna, and also memo No. 61 dated 7.4.2006 by which the petitioner has been directed o show cause to the effect that under which circumstances excess amount paid to him has not been recovered till date but during the pendency of the writ application vide office order contained in memo No. 251 dated 28.4.2006 it was ordered that Rs. 17,441.75 will be recovered from the petitioner's salary in thirty instalments and the petitioner has challenged the said order by filing I.A.No. 2047/2006.