Rajdeo Ram vs The State Of Bihar
2023 Latest Caselaw 2632 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.9557 of 2020
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Rajdeo Ram Son of Late Rampati Ram Resident of Village- Deodatpur, P.S.- Daud Nagar, District- Aurangabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

3. The Upper Secretary, Human Resources Development Department, Government of Bihar, Patna.

4. The District Magistrate, District- Arwal.

5. The District Programme Officer, District- Arwal.

6. The District Education Officer, District Arwal.

7. The District Treasury Officer, District- Arwal.

8. The Accountant General, Bihar, Patna Mahalekhakar Bhawan, Veerchand Patel Path, Patna.

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

For the Petitioner/s : Mr.Arvind Prasad Singh, Advocate. For the Respondent/s : Mr. Shashi Shekhar Tiwary, AC to AAG-10. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 21-06-2023 Heard Mr. Arvind Prasad Singh, learned counsel

appearing on behalf of the petitioner and Mr. Shashi Shekhar

Tiwary, learned AC to AAG-10 for the State.

2. The present writ petition has been filed for the

following reliefs:

"1. That this is an application praying for issuance of writ/writs ceretiorary or appropriate in nature for directing and commanding to the respondents for make payment of retirement benefit as gratuity, commutation amount, dues amount of leave encashment and other dues amount to the petitioner with statutory interest which has not been paid to the petitioner after retirement from service Patna High Court CWJC No.9557 of 2020 dt.21-06-2023

as well as praying for direction to the respondents for make payment of arrears of pension with statutory interest and make payment of pension with effect from the date of retirement from service who has retired from the post of Headmaster from Balika High School (10+2) Arwal District- Arwal on 31.05.2019 and after retirement from service the entire requisite papers have been submitted before the authority concerned thereafter P.P.O. has been issued by the accountant General Bihar, Patna but till the date the District Treasury Officer, Arwal has not paid the retirement petitioner. benefit and pension to the petitioner.

3. Petitioner is aggrieved by non-payment of full

pension including arrears of pension, gratuity and commutation

of pension for the reason that the materials which were

purchased by the petitioner were of poor quality and the

petitioner had not followed the departmental instruction and in a

most illegal manner, matter has been referred to three men

inquiry committee to inquire into the matter.

4. Learned counsel appearing on behalf of the

petitioner submits that the petitioner has submitted GST invoice

in support of the purchased article. He further submits that no

departmental instruction has been issued to any of the

Headmasters and as such withholding of pensionary amount in

an arbitrary manner is illegal.

5. Per contra, learned counsel appearing on behalf

of the State submits that out of the total amount of gratuity

approved by the Accountant General, only Rs.6,28,848.50/- has

not been paid to the petitioner because the petitioner has Patna High Court CWJC No.9557 of 2020 dt.21-06-2023

purchased sub-standard articles for which three men inquiry

committee has been set up and the same will be paid subject to

the outcome of the inquiry report.

6. Having heard the rival submissions made by the

parties and the fact that the petitioner has informed that no

departmental instruction has been issued with respect to the

articles which were required to be purchased and in absence of

such departmental instruction, the petitioner has claimed that he

has purchased genuine articles and in support of the purchase of

the articles for which he has furnished GST invoice to the

department. Petitioner has not committed any misappropriation

of fund deliberately even taking into consideration that he has

not followed the departmental instruction. It is also admitted

that three men committee has been constituted and till date no

report has been submitted.

7. It is admitted in Para-5 of the supplementary

counter affidavit filed on behalf of the respondent no.6 that out

of total amount of gratuity approved by the Accountant General,

only 6,28,848.50/- remains to be paid to the petitioner.

8. The District Magistrate, Arwal must ensure that

the three men committee submits its report within a period of

two weeks from the date of passing of this order and he must Patna High Court CWJC No.9557 of 2020 dt.21-06-2023

ensure payment of entire retiral dues to the petitioner within a

further period of two weeks.

9. With the above direction, the present writ

petition stands disposed of.

(Purnendu Singh, J)

mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          28.06.2023
Transmission Date       N.A.