Citation : 2023 Latest Caselaw 3524 Patna
Judgement Date : 7 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5551 of 2023
======================================================
Vinod Kumar Verma S/o Late Tej Narayan Lal, Resident of Village-Rajbag Bhagwati Path, Ward No. 9, P.S. Janakpur Road Pupri, District Sitamarhi- 843320. At Present Shrikhandi Bhitha, P.S. Sursand, District Sitamarhi.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Patna.
2. The Deputy Development Commissioner, Sitamarhi.
3. The District Magistrate, Sitamarhi.
4. The Sub-Divisional Officer, Pupri, District-Sitamarhi.
5. The Block Development Officer, Choraut, Dist. Sitamarhi.
6. The Block Development Officer, Bokhra, District Sitamarhi.
7. The Block Development Officer, Parihar, District Sitamarhi.
8. The Accountant General, Bihar, Patna.
9. The Treasury Officer, Sitamarhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Subodh Kumar, Advocate. For the State : Mr.Md. Irshad, AC to SC-1.
For A.G. Bihar : Mr. Chaitanya Swaroop, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-08-2023 Heard Mr. Subodh Kumar, learned counsel
appearing on behalf of the petitioner; Mr. Md. Irshad, learned
AC to SC-1 for the State and Mr. Chaitanya Swaroop, learned
counsel for the Accountant General, Bihar.
2. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is aggrieved by the illegal
action of the Block Development Officer, Choraut, Sitamarhi
who in spite of several reminders issued by the District Patna High Court CWJC No.5551 of 2023 dt.07-08-2023
Magistrate, Sitamarhi has not produced the records relating to
the petitioner for fixation of his pension and payment of other
retiral dues on different heads. The petitioner had retired on
30.03.2017 from the post of Nazir while he was working in
Choraut Block, Sitamarhi. Petitioner has admitted that on
account of disciplinary proceeding, an amount of Rs.19,83,994/-
has been recovered from the pensionary benefit of the petitioner,
even though pension of the petitioner has not been fixed till
date.
3. Considering the nature of claim made by the
petitioner as well as the fact that admittedly the Block
Development Officer, Choraut has sat over the claim of the of
the petitioner deliberately by not sending the records relating to
the petitioner to the District Magistrate, Sitamarhi, the Block
Devlopmetn Officer, Choraut, Sitamarhi is directed to forthwith
personally produce all the records relating to the petitioner
before the District Magistrate, Sitamarhi within a period of one
week.
4. The District Magistrate, Sitamarhi is directed to
take appropriate legal action against the Block Development
Officer, Choraut, Sitamarhi who in spite of receipt of several
reminders from his office has not responded to him.
Patna High Court CWJC No.5551 of 2023 dt.07-08-2023
5. The District Magistrate, Sitamarhi must also
ensure to take final decision with respect to the entitlement of
the petitioner as claimed in the present writ petition within a
period of two weeks and direct the Sanctioning Authority to
send sanction letter to the Accountant General, Bihar for
fixation of pension in accordance with law.
6. With the above observation and direction, the
writ petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 08.08.2023 Transmission Date N.A.
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