Patna High Court
Vishwanath Tiwary vs The State Of Bihar on 18 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7103 of 2023
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Vishwanath Tiwary Son of Late Rampati Tiwary Resident of Village-
Ghorhat, Police Station- Madanpur in the district of Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Panchayat Raj
Department, Government of Bihar, Patna
2. The Principal Secretary, Panchayat Raj Department, Government of Bihar,
Patna
3. The Director, Panchayat Raj Department, Government of Bihar, Patna
4. The District Magistrate-cum-Collector, Aurangabad
5. The District Panchayat Raj Officer, Aurangabad
6. The District Provident Fund Officer, Aurangabad
7. The Block Development Officer, Deo, Aurangabad
8. The Accountant General, Bihar, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate.
For the Respondent/s : Mr.Ajay, GA-5.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 18-08-2023
Heard Mr. Sunil Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Ajay, learned GA-5 for the
State.
2. Learned counsel appearing on behalf of the
petitioner submitted that in the year 2013 the petitioner was
posted as Panchayat Secretary in Gram Panchayat, West Ketaki
in the district of Aurangabad. During his tenure, as per the
direction of the higher authority, the petitioner distributed
pension under Social Security Scheme among the pensioners in
West Ketaki Gram Panchayat between the year 2013 till the
month of February, 2016 and thereafter he submitted details of
Patna High Court CWJC No.7103 of 2023 dt.18-08-2023
distribution bills before the Block Development Officer, Deo,
Aurangabad.
3. Petitioner is aggrieved by the action of the Block
Development Officer, Deo who has not adjusted the distribution
bills / amount submitted by the petitioner in the register /
records maintained at the block level. Petitioner had admittedly
informed the District Panchayat Raj Officer, Aurangabad vide
letter dated 07.10.2022 and in this regard the District Panchayat
Raj Officer, Aurangabad had also reminded the Block
Development Officer, Deo vide letter dated 17.10.2022 for
adjustment of the bill submitted by the petitioner on account of
distribution of pension under Social Security Scheme. Petitioner
has further submitted that due to inaction of the Block
Development Officer, Deo in not adjusting the amount and he
has deliberately delayed to issue "No Dues Certificate" to the
petitioner so that his pension and other retiral dues can be
disbursed. Petitioner is mainly aggrieved by the malafide action
of the Block Development Officer, Deo. In above background,
learned counsel seeks to file a detailed representation before the
District Magistrate, Aurangabad for redressal of his grievance.
4. Considering the specific submission made on
behalf of the petitioner that the petitioner desires to file a
detailed representation before the District Magistrate,
Aurangabad, the District Magistrate Aurangabad is directed to
Patna High Court CWJC No.7103 of 2023 dt.18-08-2023
call for the service records relating to the petitioner and also
directed to summon the Block Development Officer, Deo to
produce all the documents relating to the distribution of pension
under Social Security Scheme. In case, the District Magistrate
finds that the Block Development Officer, Deo in an illegal
manner has not adjusted the amount in spite of letter dated
17.10.2022 issued by the District Panchayat Raj Officer,
Aurangabad to the Block Development Officer, Deo,
disciplinary action is required to be taken against the Block
Development Officer, Deo in accordance with law. The District
Magistrate must ensure to make payment of all the retiral dues
including fixation of pension by directing the sanctioning
authority. The sanctioning authority is directed to send sanction
letter for fixation of pension of the petitioner to the Accountant
General, Bihar forthwith. The representation is directed to be
disposed of in accordance with law within a period of six weeks
from the date of its filing.
5. The writ application, accordingly, stands
disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 22.08.2023
Transmission Date N.A.
