Ramashish Baitha vs The State Of Bihar
2021 Latest Caselaw 5211 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6578 of 2020
     ======================================================

Ramashish Baitha, Son of Bhuta Baitha, Resident of Village- Basant Jagjivan, Ward- 09, P.S.- Purnahiya, District- Sheohar- 843334.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna.

2. The Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna.

3. The District Magistrate, Sitamarhi.

4. The Deputy Development Commissioner, Sitamarhi.

5. The District Certificate Officer, Sitamarhi.

6. The Sub- Divisional Officer, Pupri, District- Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Surendra Kishore Thakur, Advocate

For the Respondent/s : Mr. Ajay, GA 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 15-11-2021

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.6578 of 2020 dt.15-11-2021

Patna High Court CWJC No.6578 of 2020 dt.15-11-2021

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. 507725/- which is alleged to have been

misappropriated while petitioner was posted as Section

Officer, Sub-divisional Office, Pupri, Sitamarhi. He further

submits that for the same charges a departmental

proceeding was initiated against him as well as FIR was

also instituted. He has been exonerated of the charges by the

Enquiry Officer.

It is submitted that he has taken objections Patna High Court CWJC No.6578 of 2020 dt.15-11-2021

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, Sitamarhi, 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 the District Certificate Officer.

The petition stands disposed of.

Patna High Court CWJC No.6578 of 2020 dt.15-11-2021

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