Patna High Court
The State Of Bihar vs Ram Gulam on 24 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.213 of 2021
In
Civil Writ Jurisdiction Case No.16975 of 2017
======================================================
1. The State of Bihar
2. The Principal Secretary, General Administration Department, Old
Secretariat, Bihar, Patna
3. The Additional Secretary, General Administration Department, Old
Secretariat, Bihar, Patna
4. The Finance Commissioner, Government of Bihar, Old Secretariat, Patna
5. The Treasury Officer, Bettiah, West champaran
6. The Treasury Officer, Jehanabad
... ... Appellant/s
Versus
1. Ram Gulam S/o Late Nanhak Manjhi R/o Village- Makdumabad, Fida
Hussain Road, P.s. and District- Jehanabad, retired from the post of
D.L.A.D., Bettiah, West Champaran
2. The Accountant General, Bihar, Birchand Patel Marg, Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nadim Seraj, GP-5
Mr.Shailesh Kumar ( AC To GP 5)
For the Respondent/s : Mr.Akhilesh Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-02-2022
This Letters Patent Appeal is directed against the
order dated 02.07.2020, passed in C.W.J.C. No.16975 of 2017,
titled as Ram Gulam Vs. The State of Bihar & Ors., by a learned
Patna High Court L.P.A No.213 of 2021 dt.24-02-2022
Single Bench of this Court.
On 17th of September, 2021, we had passed the
following order:
" I.A. No. 1 of 2021
Having heard learned Counsel for the parties,
we are satisfied that the delay in filing of the appeal has
been sufficiently explained. The delay condonation
application is allowed. The appeal shall be treated to be
within time.
L.P.A. No.213 of 2021
Learned counsel for the appellant states that
disciplinary action initiated against the petitioner was
quashed by this Court in the year 2009. However, the
criminal prosecution initiated against the writ petitioner was
settled only in the year 2017. 90% of the payment towards
retiral benefits stood paid to the petitioner on 12.12.2014
and the remaining 10% was paid on 25.05.2017. As such,
the learned Single Judge erred in directing release of the
amount along with interest quantified at the rate of 6/9%.
Notice, to be effected on the learned counsel for
the writ petitioner.
List on 03.11.2021."
The facts enumerated (supra) are not in dispute. In
this view of the matter, the direction issued by the learned
Single Judge awarding interest @ 6%, directing the State to pay
the same within a period of four months failing which additional
amount of interest @ 9%, stands quashed and set aside.
Ordered accordingly.
Appeal is disposed of in the aforesaid terms.
Patna High Court L.P.A No.213 of 2021 dt.24-02-2022
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-DKS
AFR/NAFR
CAV DATE
Uploading Date 26.02.2022
Transmission Date
