The Bihar State Food And Civil ... vs Ramesh Chandra Sinha
2023 Latest Caselaw 694 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.465 of 2021
                                         In
                   Civil Writ Jurisdiction Case No.1967 of 2017
     ======================================================

1. The Bihar State Food and Civil Supply Corporation through its Managing Director, B.S.F.C., Khadya Bhawan, R Block, Patna.

2. The Managing Director, The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, R Block, Patna.

3. The Chief of Finance, The Bihar State Food and Civil Supply Corporation, Khadya Bhawan, R Block, Patna.

4. The District Manager, Bihar, State Food and Civil Supply Corporation Lakhisarai.

... ... Appellant/s Versus

1. Ramesh Chandra Sinha, son of Late Kedarnath Sahay, resident of Mohalla Sawatar Near Kali Mandir, P.S. Lakhisarai, District Lakhisarai.

2. The Employee Provident Fund Organization through its Regional Commissioner, Adampur Chowk, Bhagalpur.

3. The Regional Commissioner, Employee Provident Fund Organization, Adampur Chowk, Bhagalpur.

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

For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate Mr. Utkarsha Utpal, Advocate For the Respondent/s : Mr. Deepak Sahay Jamuar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 07-02-2023

In the instant LPA, appellants have assailed the order

of the learned Single Judge dated 29.06.2021 passed in CWJC

No. 1967 of 2017.

02. Respondent-Ramesh Chandra Sinha while he was Patna High Court L.P.A No.465 of 2021 dt.07-02-2023

working as Assistant Godown Manager-cum-Paddy Purchase

Centre Incharge at Sheikhpura Godown with the appellant-

Bihar State Food Corporation Limited (for short 'the

Corporation'), retired on attaining the age of superannuation

with effect from 30.06.2013.

03. Core issue involved in the present litigation is

whether Respondent-Ramesh Chandra Sinha is entitled to

retiral benefits or not?

04. The Respondent-Ramesh Chandra Sinha was

subjected to two criminal proceedings initiated at the behest of

Corporation in Sheikhpura P.S. Case No. 113 of 2015 and

Lakhisarai (Kubhi) P.S. Case No. 812 of 2018. However,

disciplinary proceedings have not been lodged against the

respondent even to this day. In other words, Corporation is

waiting for outcome of the criminal proceedings. The

appellant-Corporation has not apprised this Court what is the

stage of the criminal proceedings. In this backdrop, there is no

infirmity in the order of the learned Single Judge in directing

the Respondents for submission of necessary papers for the

purpose of extending retiral benefits. Appellant-Corporation

cannot withhold retiral benefits of the Respondent-Ramesh

Chandra Sinha indefinitely, therefore, the appellant-

Patna High Court L.P.A No.465 of 2021 dt.07-02-2023

Corporation have not made out a case.

05. Hence, the present LPA stands dismissed.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) Ashish/-

balmukund/-

AFR/NAFR                NAFR
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Uploading Date          14.02.2023
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