IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8441 of 2024 ====================================================== Pushpa Kumari W/O.- Manoj Kumar R/O.- B 22, Sachiwalaya Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna. 2. The Principal Secretary, Department Of Education, Government of Bihar, New Secretariat, Patna. 3. The Principal Secretary, Department of Finance, Bihar, Patna. 4. The Director, Secondary Education, New Secretariat, Patna. 5. The Regional Deputy Director of Education, Patna Division, Patna. 6. The District Education Officer, Patna. 7. The District Programme Officer (Establishment), Patna. 8. The District Account Officer, Patna. 9. The Accountant General, Bihar at Patna. 10. The Treasury Officer, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Sinha, Advocate For the State : Mr. Mohit Agrawal, Advocate For the AG : Mrs. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 5 13-08-2026 Heard learned counsel appearing on behalf of the petitioner; learned counsel for the State and learned counsel for the Accountant General, Bihar. 2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- (i) For issuance of a writ in the nature of Certiorari quashing the letter no. 9552 dated 12/12/2022 issued by the respondent No. 7 Patna High Court CWJC No.8441 of 2024(5) dt.13-08-2026 2/3 (Annexure-P/1 )whereby and where under the pension of the petitioner has been reduced and recovery has been made from the post retiral dues of as excess from the petitioner which is not in accordance with law as well as without any show cause in violation of principle of natural justice. (ii) For issuance of a writ in the nature of mandamus for commanding the respondents to refund the amount which has been recovered from the petitioner as excess on account of pay fixation. (iii) For commanding the respondents to grant all the retiral dues in the light of the benefits granted to the petitioner vide Office order contained in memo no.1749 dated 23.12.2021 issued under the signature of respondent No. 5 RDDE. (Annexure- P/3 ) (iv) For commanding the respondents to pay all the admissible amount with statutory interest from the date of due till the date of payments. (v) For Commanding the respondents to pay the difference of GPF amount along with statutory interest from the date of due till the date of payment as well as provide calculation chart. (vi) For any other relief/ reliefs for which the petitioner is entitled for in the fact and circumstances of the case. 3. Learned counsel appearing on behalf of the petitioner informs that without hearing the petitioner, vide letter no.9552 dated 12.02.2022 (Annexure P/1), the District Programme Officer (Establishment), Patna has taken penal action by directing recovery of a sum of Rs.3,18,709/- from his post-retiral benefits and thereafter the same has been recovered. 4. Mr. Mohit Agrawal, learned counsel appearing on behalf of the State submitted that no illegality has been committed by the District Programme Officer (Establishment), Patna insofar as recovery of excess payment is concerned, as Patna High Court CWJC No.8441 of 2024(5) dt.13-08-2026 3/3 such, the relief as prayed for in the present writ petition don’t require any consideration. 5. Heard the parties. 6. I find that the order contained in letter no.9552 dated 12.02.2022 has been communicated to the petitioner only after the penal action has been taken by realizing a sum of Rs.3,18,709/- from his post-retiral benefits. Since the order is penal in nature, the law requires affording opportunity of hearing. The penal action taken against the petitioner vide letter no.9552 dated 12.02.2022 (Annexure P/1) cannot be sustained and accordingly, the same is hereby quashed and set aside. 7. The authorities concerned are required to act within their jurisdiction. 8. The writ petition stands disposed of. Sanjay/- (Purnendu Singh, J) U