Heard learned counsel for the petitioner and learned counsel for the respondents.

2. In this case the petitioner is challenging the order dated 28.5.1998, passed by the Director Consolidation, Bihar, Patna, whereby an order has been passed for recovery of 2/3rd of the looted amount of Rs.72,419.40 from the petitioner.

3. During pendency of this writ petition the original petitioner has already died and in his place his wife has been substituted.

4. It appears from the record that the petitioner was posted as a clerk in the office of the Deputy Director of Consolidation, Vaishali during the relevant period. The petitioner was asked for withdrawal of money from the State Bank of India, Lalganj for payment of salary to the staff of Consolidation Office, Vaishali. It appears that on 14.5.1993 the petitioner along with one peon, namely, Syed Razi Hussain went to the State Bank of India, Lalganj for withdrawal of Rs.1,08,629/- for payment of salary to the office staff of the Consolidation Office, Vaishali. While they were coming after withdrawing, the money, some miscreants armed with gun intercepted but they could flee away. When they were standing at the tea stall the miscreants c