Patna High Court
Narsingh Prasad vs The State Of Bihar on 21 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3205 of 2023
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Narsingh Prasad Sonof Dharichhan Sah, Resident of Village-Bankatva, Ward
No.9, P.O. Mathiya, P.S. Lauriya, District-West Champaran at Bettiah, the
retired Khalasi, Public Health Sub-Division, Raxaul under Public Health
Division, Motihari, District-East Champaran at Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Public Health Engineering Department, Government of
Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road,
Patna.
4. The Chief Engineer, Public Health Engineering Department, Government of
Bihar, Patna.
5. The Superintending Engineer, Public Health Engineering Circle, Motihari.
6. The Executive Engineer, Public Health Division, Motihari, District-East
Champaran.
7. The Treasury Officer, East Champaran at Motihari, District-East Champaran
at Motihari.
8. The Accountant General Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate
For the State : Mr. S. Raza Ahmad, AAG- 5
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 21-08-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
2. Petitioner is aggrieved by deduction of Rs. 81,104/-
made from his dues under the head 'Leave Encashment'.
3. It is submitted by the petitioner's counsel that the
impugned order dated 06-09-2022, bearing Memo No. 125, as
Patna High Court CWJC No.3205 of 2023 dt.21-08-2023
contained in Annexure P-5 to the writ petition, merely states that
the recovery is being made since an excess amount of Rs.
81,104/- has been paid to the petitioner vide Officer Order
dated 14-05-2022, as contained in Annexure P-4 to the writ
petition, bearing Memo No. 66.
4. On a query being made, learned counsel for the
State submits that the order dated 14-05-2022 (Annexure P-4),
by which the petitioner has been granted benefits of financial
progression under the Assured Career Progression (for brevity
'A.C.P.') scheme is by including the petitioner's services, even
prior to his coming into regular establishment, and as a result,
excess amount of Rs. 81,104/- was paid, which has been
recovered.
5. The order dated 06-09-2022 (Annexure P-5) does
not manifest any reason worth comprehension, which can be
considered for ascertaining whether the recovery or deduction
from the petitioner's dues under leave encashment is justifiable
or not. Otherwise, also the order is unsustainable, as recovery
from leave encashment could not have been made without
complying with principles of natural justice, which obviously
has not been done. The order dated 06-09-2022 (Annexure P-5)
is therefore found to be unsustainable and is hereby quashed.
Patna High Court CWJC No.3205 of 2023 dt.21-08-2023
6. As a result of quashing of the impugned order
dated 06-09-2022 (Annexure P-5), petitioner will be entitled to
all consequential benefits.
7. Accordingly, writ petition stands allowed.
(Madhuresh Prasad, J)
Raj kishore/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 26-08-2023
Transmission Date N/A
