Sardar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24771 of 2018 ====================================================== Sardar Ram Son of Late Bahadur Ram Resident of Village - Belaon, P.O.- Kharendra, P.S.- bhagwanpur Belaon, District - Kaimur at bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Human Resources department, Government of Bihar, Patna 3.

The Director, Secondary Education, Bihar, Patna 4.

The Regional Deputy Director of Education, Patna Division 5.

The District Educational Officer, Bhojpur, Arrah 6.

The Accountant General, Bihar, Patna 7.

The Treasury Officer, Arrarh 8.

The Headmaster, High School, Hardia, Jagdishpur, District - Bhojpur, Arrah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Respondent/s :

Mr.Subash Chandra Mishra -Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-06-2020 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner, counsel for the State as also Mr. Prabhat Ranjan represented by Mr. Chandan Kumar, counsel for the Accountant General.

In the present case, the grievance has been raised by the petitioner that after his retirement, the amount of Rs. 97,100/- has not been paid to him and the same has been deducted from his retiral dues.

A counter affidavit has been filed by the State in which a specific stand has been taken that the petitioner was

Patna High Court CWJC No.24771 of 2018(2) dt.16-06-2020 2/2 granted money for distribution and out of that Rs. 97,100/- was not distributed which is the reason for deduction of the said amount.

In view the disputed question of fact, this Court cannot give a direction for release of the amount, in question. However, this Court directs the petitioner to file a detailed representation along with a copy of this order to the Director, Secondary Education, Bihar, Patna (Respondent no.3) who, after giving an opportunity of hearing to the petitioner and the present Headmaster of the school as also after verifying the correctness of the statement of the petitioner as well as defence taken by the present Headmaster of the school, will take a decision by passing a reasoned order.

If the Director, Secondary Education arrives to a finding that there is no dues against the petitioner, in such circumstances, it goes without saying that the amount, in question, will be given to the petitioner without undue delay. With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- U