Patna High Court
Lila Kant Jha vs The State Of Bihar on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.200 of 2021
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Lila Kant Jha S/o Valeshawr Jha R/o Village- Beloun, P.o.- Nawada, P.S.-
Bahera, Darbhanga, Bihar-847201
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Recourse
Department, Government of Bihar, Patna
2. The Principal Secretary, Home Department, Government of Bihar, patna
3. The District Magistrate, Darbhanga
4. The Superintendent of Police, Darbhanga
5. The Accountant General Bihar, Patna
6. The Treasury Officer, Darbhanga
7. The District Account Officer, Darbhanga
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Puneet Siddhartha, Advocate
Mr. Aryan Sinha, Advocate
For the Respondent/s : Mr. M.N.H. Khan,SC-1
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 23-11-2021
Heard the learned counsels for the parties.
2. In the instant petition, petitioner has sought for
following reliefs:
"(D) A writ in the nature of Certiorari or
any other appropriate writ/s, order/s direction/s
quashing the following:
(i) The Memo No. 1145 dated
11.07.2019 (hereinafter referred as
'impugned order') passed by the
Respondent No. 4 wherein, Respondent
No. 4 has ordered to deduct the excess
financial benefit made to the Petitioner
during his service from year 2006 to
31.03.2019 from his retirement benefits.
(ii) The Memo no. 2258 dated
Patna High Court CWJC No.200 of 2021 dt.23-11-2021
16.11.2019 (hereinafter also referred as
'impugned order') passed by the
Respondent No. 4, whereby and
whereunder, the Respondent No. 4 has
ordered Respondent No. 6 to deduct Rs.
7,61,792/- from the retirement benefit of
the Petitioner.
(E) A writ in the nature of mandamus or
any other appropriate writ/s, order/s direction/s for
the following reliefs:
(iv) To pay the Petitioner Rs.
7,61,792/- along with the interest which
has been illegally deducted from the
retirement benefit of the Petitioner.
(v) To refix the pay scale and
pension amount of the Petitioner which
has been illegally reduced by the
Respondent Authorities vide memo no.
1145 dated 11.07.2019.
(vi) To pay the arrears of
salary and pension along with the
interest after refixing the pay scale of
the Petitioner.
(F) To any other relief/s to which the
petitioner is found entitled to."
3. Undisputed facts are that the petitioner has attained
age of superannuation and retired from service on 31.03.2019
while holding the post of Constable. He has rendered service
from the year 1982. The 4th Respondent noticed that petitioner
has been extended excess financial benefits. After noticing the
aforesaid alleged error, he has proceeded to pass impugned
order dated 11.07.2019 without issuing notice to the petitioner.
On this point, impugned order is hereby set aside.
The 4th Respondent is hereby directed to issue show
Patna High Court CWJC No.200 of 2021 dt.23-11-2021
cause notice furnishing the details of excess financial benefits
awarded in favour of the petitioner while he was in service. He is
also directed to point out the relevant provisions of law under
which the financial benefits awarded to the petitioner has been
deducted. On receipt of such notice, the petitioner is hereby
directed to submit his explanation along with relevant provision of
law/ executive order that earlier fixation of financial benefits was
in order. After receipt of petitioner's explanation, the 4 th
respondent is hereby directed to pass a speaking order on each of
the contention to be raised by the petitioner. Petitioner is also
permitted to apprise the 4th respondent in respect of Apex Court's
decision passed in the case of State of Punjab V. Rafiq Masih
reported in (2015) 4 SCC 334.
The above exercise shall be completed within a period of
four months from the date of receipt of copy of this order.
If any recovery has been made, the same shall be
refunded to the petitioner forthwith.
With the above observations, the instant petition stands
disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 29.11.2021
Transmission Date
