Sheetal Thakur v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13018 of 2017 ====================================================== Sheetal Thakur son of Late Ramdayal Thakur resident of Raghauli, P.S. Bisfi, District - Madhubani.
... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Secretary, Home Department, Government of Bihar, Patna. 3.
The Accountant General, Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Archana Shahi, Advocate For the Respondent/s :
Mr. Ruchikar Jha, A.C. to S.C-8 for the Accountants General :
Mr. Swaroop, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-03-2023 Heard Ms. Archana Shahi, learned Counsel appearing on behalf of the petitioner; Mr. Ruchikar Jha, learned A.C. to S.C-8 appearing on behalf of the State and Mr. Swaroop, learned Counsel appearing on behalf of the Accountant General.
2. Office is directed to place on record counter affidavit filed on behalf of the Respondent No.3- The Accountants General, Patna, Bihar which was filed on 24.03.2023.
3. Ms. Archana Shahi, learned Counsel appearing on behalf of the petitioner informed this Court that as per instruction, almost all the retiral dues payable to the
2/4 petitioner has been paid and certain dues still remains to be paid.
4. Learned Counsel appearing on behalf of the respondent submitted that due to confusion in amount of GPF, which was required to be paid with certain deduction while the petitioner was posted at Motihari District Police the deduction statement is required to be made available to the Motihari Distirct Police but due to the said reason final payment of GPF could not be decided and paid to the petitioner. He further submitted that the Superintendent of Police, Motihari, has sought guidance from the Director General of Police (Home), Bihar with respect to period of absence of the petitioner i.e. 12 years and 2 days and in this background he submitted that the matter is now at the end of the Bihar Police Headquarter, Patna.
5. Learned Counsel appearing on behalf of the Accountant General submitted that as it is evident from the submission made on behalf of the respondent the delay if any has been caused is at the end of respondent No.4 with respect to payment of GPF which is required to be carried forward. It is further stated that the respondents have
3/4 admitted with respect to unauthorized leave relating to 12 years 2 days is being considered at the end of the headquarter in view of the communication made by the Superintendent of Police, Motihari, East Champaran.
6. Considering the fact that the parties have admitted that almost all the retiral dues have been paid to the petitioner, but certain payments are still required to be paid on account of GPF and the respondents have admitted that with respect to unauthorized leave relating to 12 years 2 days is being considered at the end of the headquarter in view of the communication made by the Superintendent of Police, Motihari, East Champaran.
7. In view of the disputed facts, in the interest of justice, it would be proper to direct the petitioner to file a detailed representation before the Director General of Police (Home), Bihar in respect of any dues which are required to be paid by the respondents.
8. In case of such representation having been filed by the petitioner, the Director General of Police, Bihar is directed to consider the representation filed by the petitioner within a period of four weeks from the date of
4/4 representation made by the petitioner and ensure payment of the remaining dues within a further period of three weeks without any delay.
9. Accordingly, the present writ petition is disposed of.
(Purnendu Singh, J) Niraj/- Nilmani/- U