Dr. Binod Prasad Singh vs The State Of Bihar
2023 Latest Caselaw 3520 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.16020 of 2022
     ======================================================

Dr. Binod Prasad Singh S/o Late Gajadhar Prasad Singh, Resident of H/4, Doctors Colony, Kankarbagh, Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2. The Principal Secretary, Health Department, Government of Bihar, Patna.

3. The Principal Secretary, Finance Department, Govt. of Bihar, Old Secretariat, Patna.

4. The Joint Secretary, Health Department, Govt. of Bihar, Patna.

5. The Principal, Vardman Institute of Medical Sciences, Pawapuri (Nalanda).

6. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Binoy Kumar, Advocate For the Respondent/s : Mr. Ramadhar Singh, GP-25 For the AG : Mr. Chaitanya Swaroop, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-08-2023 Heard Mr. Binoy Kumar, learned counsel appearing

on behalf of the petitioner; Mr. Ramadhar Singh, learned GP-25

appearing on behalf of the respondent and Mr. Chaitanya

Swaroop, learned counsel appearing on behalf of the Accountant

General.

2. Learned counsel appearing on behalf of the

petitioner seeks to file a detailed representation before Director-

in-Chief, Health Services, Bihar for claiming relief as claimed

in the present writ petition.

3. The Director-in-Chief, Health Services, Bihar is Patna High Court CWJC No.16020 of 2022 dt.07-08-2023

directed to call for the records relating to the petitioner and take

a decision as to whether the petitioner was at any fault for such

incorrect fixation of his salary and in case it is found that

petitioner has not misrepresented or misappropriate at his own

level getting incorrect pay scale at an enhanced rate in that case

he must take a final decision with respect to the payment of

claim as prayed for in the present writ petition.

4. The Director-in-Chief, Health Services, Bihar

must also consider the fact that unilaterally an amount of Rs.

3,26,424/- has been deducted from the gratuity of the petitioner

without giving him any notice or providing him any opportunity,

the action being penal in nature and has been taken after the

retirement of the petitioner. This Court finds that before taking

any penal action, the petitioner must have been given an

opportunity to explain his case.

5. The Director-in-Chief is directed to pass a

reasoned order taking into consideration the law laid down by

the Apex Court with respect to any action taken against an

employee from whose recovery is required to be made from his

pensionary benefit.

6. The representation of the petitioner is directed to

be disposed of within a period of six weeks from the date of its Patna High Court CWJC No.16020 of 2022 dt.07-08-2023

filling. In case, it is found that the recovery is illegal, in that

case, recovered amount is directed to be returned back to the

petitioner within a period of six weeks.

7. With the above observations and directions, the

present writ petition stands disposed of.

(Purnendu Singh, J)

Manish/-

Minu/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.08.2023
Transmission Date       NA