Bivekanand Arya vs The State Of Bihar
2023 Latest Caselaw 3554 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.17493 of 2022
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Bivekanand Arya Son of Late Sita Ram Poddar Resident of Flat NO.-A/501, Veena Vihar Apartment, Niti Bagh (Jagdeo Path), P.S.-Rupaspur, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary,Water Resources Department, Bihar, Patna.

2. Principal Secretary, Water Resources Department, Bihar, Patna.

3. Joint Secreary, Water Resources Department, Bihar, Patna.

4. Deputy Secretary, Water Resources Department, Bihar, Patna.

5. Executive Engineer, Planning and Monitoring Division, Darbhanga.

6. Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the State : Mr. Vijay Kumar Verma, AC to GA-2 For the A.G. : Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 08-08-2023 Heard Mr. Sanjay Kumar, learned counsel

appearing on behalf of the petitioner; Mr. Vijay Kumar Verma,

learned AC to GA-2 appearing on behalf of the State and Mr.

Arun Kumar Arun, learned counsel for the Accountant General,

Bihar.

2. Learned counsel appearing on behalf of the

petitioner informs that 90 percent pension of the petitioner has

been sanctioned and authority in that regard has also been issued

and same has been communicated to the Treasury Officer, Patna

and the petitioner is receiving 90 percent pension. Petitioner has Patna High Court CWJC No.17493 of 2022 dt.08-08-2023

already filed his show cause in reply to Memo No. 980 dated

28.04.2022. Petitioner submits that in spite of the fact that the

work was completed during the service period of the petitioner,

the Deputy Secretary, Water Resources Department has for the

reason best known to him without verifying the records and the

measurement book etc. had proceeded against the petitioner by

issuing show cause to him.

3. Learned counsel further submits that the action

of the Deputy Secretary, Water Resources Department being

without jurisdiction in absence of any disciplinary proceeding

pending against him, the withholding of 10 percent of pension

of the petitioner along with the full gratuity and unutilized

earned leave is not in accordance with law. In this regard,

petitioner has relied upon the judgment of Apex Court in case of

Hira Lal v. State of Bihar and others reported in (2020) 4 SCC

346.

4. Considering the aforesaid submission made on

behalf of the petitioner, the petitioner is directed to file a

detailed representation before the Additional Chief Secretary,

Water Resources Department, Government of Bihar, along with

evidences to show that work was already completed before his

date of retirement and no departmental proceeding was pending Patna High Court CWJC No.17493 of 2022 dt.08-08-2023

against the petitioner on the date of retirement.

5. The representation of the petitioner is directed to

be disposed of by the Additional Chief Secretary, Water

Resources Department, Government of Bihar in light of

judgment passed in case of Hira Lal (Supra) and on the basis of

records within a period of six weeks and ensure payment

payable to the petitioner in accordance with law within the

aforesaid period.

6. With above observation and direction, the

present writ petition is disposed of.

                                                 (Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR                N.A.F.R.
CAV DATE                N/A
Uploading Date          10.08.2023
Transmission Date       N/A