Patna High Court
Shanker Dayal Singh vs The State Of Bihar on 15 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6927 of 2020
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Shanker Dayal Singh, Son of Late Ram Jatan Singh, Resident of Village
Chhotaka Bahera, P.O. Jhari, P.S.-Amas, District Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Cooperative Department,
Government of Bihar, Patna.
2. District Magistrate, Gaya.
3. District Cooperative Officer-cum-Certificate Officer, Gaya.
4. Block Cooperative Extension Officer, Amas, Gaya.
5. Magadh Central Cooperative Bank Limited, Gaya through its Managing
Director, Magadh Central Cooperative Bank Limited, Gaya.
6. Branch Manager, Magadh Central Cooperative Bank Limited Branch
Sherghati, District Gaya.
7. Ashok Kumar Singh, Son of Late Ram Charitra Singh, Manager, Jhari
PACS, Resident of Village Bahera Kala, P.S. Amas, District Gaya.
8. Vinod Kumar Singh, Son of Ram Naresh Prasad, Resident of Village
Jahangirpur, P.S.- Sarmera, District Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Jitendra Prasad Singh, Advocate
For the Respondent/s : Mr. Subhash Kumar, AC to SC 26
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
Patna High Court CWJC No.6927 of 2020 dt.15-11-2021
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 15-11-2021
Petitioner has prayed for the following relief(s):-
Learned counsel for the petitioner submits
that a certificate proceeding has been initiated against
petitioner under the Public Demand Recovery Act, 1914
(hereinafter referred to as the 'Act') for recovery of amount
of Rs. 26,22,382.50/- which is alleged to have been
misappropriated while petitioner was posted as Chairman of
Patna High Court CWJC No.6927 of 2020 dt.15-11-2021
Jhari PACS in Amas Block.
It is submitted that he has taken objections
under section 9 of the Act but without considering his
objections and determining the liability of petitioner,
warrant of arrest has been issued against him. Section-9
whereof reads as follows:-
"9. Hearing and determining
of such petition - The Certificate Officer
in whose office the original certificate is
filed may after hearing the petition and
taking evidence if necessary confirm, set
aside, modify or vary the certificate as he
deems fit."
The writ petition is disposed of with a
direction to the District Certificate Officer, Gaya, to first
consider and decide the objections filed by the petitioner by
a reasoned and speaking order and determine the liability of
the petitioner under the PDR Act and thereafter only he can
take coercive steps for realization of said amount and till
order on objections filed by petitioner under section 9 of the
PDR Act is not passed and his liability is not determined
under the PDR Act, no coercive action be taken against the
petitioner till such order, if not already passed, is passed by
Patna High Court CWJC No.6927 of 2020 dt.15-11-2021
the District Certificate Officer, Gaya.
The warrant of arrest issued against the
petitioner shall remain under abeyance, till order is passed
on the objection filed by the petitioner under Section 9 of
the PDR Act.
Interlocutory application, if any, shall also
stand disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sujit/Sanjay
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.11.2021
Transmission Date NA
