IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1655 of 2024 ----- Binoda Nand Choudhary, S/o Kartik Choudhary, R/o Village Hath Garh, P.O. & P.S. Hansdiha, District Dumka ------ Petitioner(s) Versus 1.The State of Jharkhand 2.The Secretary, Department of Human Resources Development, Government of Jharkhand 3.The District Superintendent of Education, Dumka 4.The Block Education Extension Officer, P.S. Ramgarh, District Dumka 5.The Chairman and Secretary, Gram Siksha Samittee, Upgraded Primary School, Nayatikar, Ramgarh, P.O. and P.S. Ramgarh, District Dumka ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Binod Kumar Jha, Advocate For the State : Mr. Sushant Kumar, AC to S.C.-II …...... 10 / 16.01.2025: In this writ petition, the petitioner has prayed for following reliefs:- (1) For issuance of appropriate writ, order, direction to set aside the part of memo no.2231 dated 05.08.2013 (Annexure-5) issued by the District Superintendent of Education, Dumka, by which he has directed to withhold Rs.1,86,367/- of the petitioner till conclusion of departmental proceeding. For issuance of appropriate writ, order, direction commanding upon the concerned respondent to dispose of the representation dated 03.12.2013, by which the petitioner has requested the District Superintendent of Education, Dumka to pay him difference of salary for the suspension period after concluding departmental enquiry. For issuance of appropriate writ, order, direction commanding upon the concerned respondent to pass final order in the pending departmental proceeding against him. 2. Admittedly, the petitioner is Assistant Teacher and he was provided with Rs.4,35,300/- for constructing the school building. The petitioner did not utilize the entire amount. It was found that the value of the work completed by him was of Rs.2,48,633/-, thus Rs.1,86,367/- remained with the petitioner. The petitioner was suspended and the departmental proceeding was initiated. Steps were taken to recover the aforesaid amount from the salary of the petitioner. The petitioner approached this Court by filing writ petition and vide order dated 13.12.2011, the writ petition being W.P.(C) No.3893 of 2011 was disposed of, restraining the respondents from making such recovery till conclusion of the departmental proceeding. 3. The departmental proceeding was concluded and the suspension order of the petitioner was withdrawn. The said order of conclusion of departmental proceeding and withdrawal of the suspension order dated 21.01.2015 is at Annexure-E to the counter affidavit. When, I go through that the order, I find that the respondent-State has arrived at conclusion that an amount of Rs.1,86,367/- is due from the petitioner, which he retained and has not returned. 4. The District Superintendent of Education, Dumka based on the joint inspection report arrived at the aforesaid conclusion and ordered that the said amount should be adjusted from the salary of the suspension period of the petitioner, however, by the same order, the departmental proceeding was dropped. In the said proceeding, the respondent did not arrive at a finding as to whether the petitioner has committed misconduct or not. Without such finding the departmental proceeding is dropped. 5. Be that as it may, since there is a joint inspection report that amount of Rs.1,86,367/- is due from the petitioner which the petitioner has to return to the department, since the amount is public money, this amount has been adjusted from the salary of the petitioner for the period which he was kept under suspension. I find that no illegality has been committed by the department in recovering the aforesaid amount from the petitioner by adjusting the same against the salary of suspension period. Accordingly, the instant writ petition stands dismissed. (ANANDA SEN, J.) R.S.