Patna High Court
The Bihar State Food And Civil ... vs Mahendra Pratap Singh on 17 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.977 of 2019
In
Civil Writ Jurisdiction Case No.16734 of 2011
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1. The Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan,
Veer Chand Patel Path, Patna through its Managing Director.
2. The Managing Director, Bihar State Food and Civil Supplies Corporation
Ltd., Sone Bhawan, Veer Chand Patel Path, Patna.
3. The Chief of Administration, Bihar State Food and Civil Supplies
Corporation Ltd., Sone Bhawan, Veer Chand Patel Path, Patna.
4. The Chief of Finance, Bihar State Food and Civil Supplies Corporation Ltd.,
Sone Bhawan, Veer Chand Patel Path, Patna.
5. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
Nalanda.
... ... Appellant/s
Versus
Mahendra Pratap Singh, S/o Dineshwar Prasad Singh, Resident of Vill.-
Taranpur, P.S.- Gaurichak, Distt.- Patna at present Retired Assistant Manager,
Bihar State Food and Civil Supplies Corporation Ltd., Nalanda.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate
For the Respondent/s :
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 17-02-2023
It appears from the office notes that the sole
respondent has died during the pendency of this appeal and
no effort has been made by the appellant/Bihar State Food
and Civil Supplies Corporation Ltd. for substituting the late
appellant with his heirs.
Be that as it may, we have examined the order
Patna High Court L.P.A No.977 of 2019 dt.17-02-2023
passed by the learned Single Judge which clearly states that
the respondent was subjected to a departmental proceeding
in which three punishments were imposed on him viz. that
the respondent shall not receive anything except subsistence
allowance for the period of his suspension, an amount of
Rs.47,848.17 which was the short-fall would be recovered
along with interest and the respondent was to be warned to
be careful in future. Apart from this, a further amount of
Rs.1,95,480/- was to be appropriated from the salary of the
respondent about which there is no dispute.
The respondent came before this Court vide
CWJC No. 16734 of 2011 contending that 18% interest on
the balance/short-fall of the amount in question was neither
predicated in the order of punishment nor was it the
practice. The learned Single Judge, after having gone
through the entire gamut of materials placed on record,
found that the order passed by the Managing Director, Bihar
State Food and Civil Supplies Corporation, saddling the late
respondent with 18% interest on the short-fall amount of
Rs.47,848.17 was unwarranted and not sustainable in the
eyes of law.
Patna High Court L.P.A No.977 of 2019 dt.17-02-2023
We do not find any reason to interfere with such
order; more so, when the respondent has left the world of
the living and there has not been any attempt on the part of
the appellant to substitute him with his heirs.
The appeal is dismissed but without any order
as to costs.
(Ashutosh Kumar, J)
( Harish Kumar, J)
uday/krishna-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.02.2023
Transmission Date
