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Vinod Kumar Verma vs The State Of Bihar
2023 Latest Caselaw 3524 Patna

Citation : 2023 Latest Caselaw 3524 Patna
Judgement Date : 7 August, 2023

Patna High Court
Vinod Kumar Verma vs The State Of Bihar on 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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