Ram Sakal Mistry v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18457 of 2017 ====================================================== Ram Sakal Mistry, S/o Late Kheli Mistry, resident of Village- Chadiyahi, P.S.- Bibhutipur, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Samastipur.

3.

The Deputy Development Commissioner, Samastipur. 4.

The District Panchayati Raj Officer, Samastipur. 5.

The Sub-Divisional Officer, Rosera, District- Samastipur. 6.

The Block Development Officer, Singhiya Block District- Samastipur. 7.

The Block Development Officer, Bibhutipur District- Samastipur. 8.

The District Provident Fund Officer, Samastipur. 9.

The Treasury Officer, Samastipur.

10.

The Sub-Treasury Officer, Rosera, Samastipur. 11.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Respondent/s :

Mr.Ajay, GA-5 For the Accountant General : Mr. Shiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-05-2020 The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Patna High Court CWJC No.18457 of 2017 dt.28-05-2020 2/3

2. Heard learned counsel for the petitioner; Mr. Ajay, learned GA-5 for the State and Mr. Shiv Kumar, learned counsel for the Accountant General, Bihar.

3. At the very outset, learned GA-5 submitted that he has received instructions according to which, on 3rd April, 2020, the petitioner has been paid Rs. 8,39,620/-. With regard to nonpayment of arrears of salary, the stand is that against the petitioner, there is huge outstanding amount shown which has to be reconciled before any further payment can be made. Learned counsel submitted that the District Magistrate, Samastipur is the competent authority before whom the petitioner may represent showing that there are no outstanding dues against him.

4. Learned counsel for the petitioner agrees to the suggestion of learned State counsel.

5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation before the District Magistrate, Samastipur showing that there are no outstanding dues against, enclosing all relevant materials in support of such contention. If such representation is filed within six weeks from today, the District Magistrate, Samastipur shall get the matter verified from the records and pass a reasoned order within four weeks from the date of filing of the representation. If

Patna High Court CWJC No.18457 of 2017 dt.28-05-2020 3/3 anything is found payable to the petitioner, the same shall also be paid to him within four weeks of passing of the order. (Ahsanuddin Amanullah, J.) P. Kumar / Anand Kr.

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