Raghunandan Prasad Singh vs The State Of Bihar
2023 Latest Caselaw 3829 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6824 of 2023
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Raghunandan Prasad Singh, aged about 66 years (M), Son of Late Bhikha Prasad Singh @ Bhikha Mandal, Resident of village - Kadwa Thakur Ji, Kachahari Tola, P.O. - Pratapnagar, District - Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar through its the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

2. The Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

3. The District Magistrate, Bhagalpur, District- Bhagalpur.

4. The District Panchayat Raj Officer, Bhagalpur, District- Bhagalpur.

5. The Block Development Officer, Jagdishpur, District - Bhagalpur.

6. The Block Development Officer, Kahalgaon, District - Bhagalpur.

7. The Block Development Officer, Bihpur, District - Bhagalpur.

8. The Block Development Officer, Goradih, District - Bhagalpur.

9. The Accontant General of Bihar, Patna.

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Respondent/s : Mr. Kameshwar Pd. Gupta, GP-10 Mr. Virendra Kumar, A.C to GP-10 For the A.G : Mr. Raj Nandan Prasad, Advocate Ms. Shailja, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 18-08-2023 Heard Mr. Sharda Nand Mishra, learned counsel

appearing on behalf of the petitioner; Mr. Kameshwar Pd.

Gupta, learned GP-10 appearing on behalf of the State and Mr.

Raj Nandan Prasad, learned counsel appearing on behalf of the

Accountant General.

2. The petitioner is aggrieved for non-payment of

retiral dues on different heads and for non-fixation of pension, Patna High Court CWJC No.6824 of 2023 dt.18-08-2023

difference of salary and arrear of salary from December 2011 to

31.12.2016 i.e. till date of retirement of the petitioner. Petitioner

was appointed on 03.10.1995 on the post of Panchayat Secretary

in Goradih Panchayat, Sultanganj, District- Bhagalpur. During

the service period of the petitioner, he was served Charge Memo

contained in Memo No. 123 dated 31.08.2008. The petitioner

was suspended after inflicting minor punishment. Thereafter,

petitioner was made accused in Jagdishpur P.S. Case No. 82 of

2006 and the said F.I.R. was quashed by this Hon'ble Court. The

main accused was one Md. Qutub Uddin against whom the

allegation of contesting the Mukhiya election of Chandpur

Gram Pranchayat allegedly on fake caste certificate which was

reserved for backward community. Allegation against the

petitioner was that he was his supporter.

3. Learned counsel further submitted that once the

F.I.R has been quashed by this Hon'ble Court, no criminal case

is pending against the petitioner. He further submitted that

though there is no reference in the Letter dated 28.02.2023

issued under the signature of District Panchayati Raj Officer,

District-Bhagalpur, in which he has held that the petitioner is

liable to deposit Rs. 57,500/- in the department account the

petitioner has already deposited the amount. The letter dated Patna High Court CWJC No.6824 of 2023 dt.18-08-2023

28.02.2023 is much after retirement of the petitioner, who had

retired on 31.12.2016.

4. Learned counsel in these background submitted

that the petitioner has filed a detailed representation before the

District Magistrate, Bhagalpur, against the illegal action taken

against him by the District Panchayati Raj Officer, Bhagalpur by

issuing letter dated 28.02.2023 after more than 6 years. The law

is well settled that recovery after more than 6 years is against

the law laid down by the Apex Court. Petitioner's being Class-

III employee of the State Government the order of recovery is

illegal and fit to be set aside. In support he has relied on the law

laid down by the Apex Court in the case of State of Punjab &

Others vs. Rafiq Masih (White Washer) and anr. reported in

(2015) 4 SCC 334.

5. Learned counsel appearing on behalf of the State

has submitted that no relief can be granted to the petitioner

considering the fact that the petitioner has admitted that he has

committed financial loss as it would appears from the admitted

fact that he has deposited Rs. 57,500/- in the Government

Treasury.

6. Having heard the rival submissions made by the

receptive parties as well as fact that petitioner has been denied Patna High Court CWJC No.6824 of 2023 dt.18-08-2023

the pensionary benefit including non-payment of pension and

gratuity since his date of retirement i.e from the year 2016 in

spite of the fact that the FIR which was lodged against the

petitioner has already been quashed by this Court vide

'Annexure-1' to the writ petition passed in Cr. Misc. No. 15875

of 2007 and thereafter departmental proceeding was dropped

against the petitioner and minor punishment of sensor was

passed against him. The authorities being denied to make

payment of retiral dues including pension to the petitioner is

without authority of law.

7. The District Magistrate, Bhagalpur is directed to

sanction the pension, arrears of salary and other retiral dues to

the petitioner as claimed by him in the present writ petition in

accordance with law. The accrued interest till the date of

payment of the retiral dues is also required to be paid to the

petitioner.

8. The District Fund Officer, Bhagalpur, is directed

to make payment of the Provident Fund within a period of three

weeks from the date of communication of this order.

9. The District Magistrate-cum-Collector,

Bhagalpur, is directed to call for the service records relating to

the petitioner and direct the sanctioning authority to issue Patna High Court CWJC No.6824 of 2023 dt.18-08-2023

sanction letter to the Accountant General, Bihar, within a period

of three weeks. The Accountant General, Bihar is directed to fix

the pension of the petitioner and communicate the same to the

Treasury Officer, Bhagalpur. The Treasury Officer, Bhagalpur,

must ensure to credit the entire amount into the account of the

petitioner.

10. With aforesaid observation and direction, the

present writ petition stands disposed of.

                                                 (Purnendu Singh, J)
Niraj/
Nilmani
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          21.08.2023
Transmission Date       N/A