Sanjay Kumar v. The Bihar State Food And Civil Supplies Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2905 of 2023 ====================================================== Sanjay Kumar Son of Mahendra Prasad, Resident of Bhama Sah Path, Chauta, Bhola Sah Talkies, P.S. - Madhubani, District - Madhubani. ... ... Petitioner/s

Versus

1.

The Bihar State Food and Civil Supplies Corporation through the Managing Director, Bihar, Patna.

2.

The Managing Director, the Bihar State Food and Civil Supplies Corporation Ltd. Bihar, Patna.

3.

The Chief General Manager, Public Distribution Bihar State Food and Civil Supplies Corporation Ltd. Patna.

4.

The Deputy General Manager-Transport, Bihar State Food and Civil Supplies Corporation Ltd., Patna.

5.

The Deputy General Manager-Audit, Bihar State Food and Civil Supplies Corporation Ltd., Patna.

6.

The Deputy General Manager-Administration Bihar State Food and Civil Supplies Corporation Ltd., Patna.

7.

The District Manager, State Food Corporation, Darbhanga. 8.

The Audit Officer, Bihar State Food and Civil Supplies Corporation Ltd., Patna.

9.

The Assistant Accounts Officer, Bihar State Food and Civil Supplies Corporation Ltd., Darbhanga.

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

For the Petitioner/s :

Mr.Subodh Kumar Jha, Adv.

For the BSFC :

Mr. Shailendra Kumar Singh with Ms. Usha Kumari, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 31-07-2023 Heard leaned counsel for the petitioner and learned counsel for the respondent- Bihar State Food and Civil Supplies Corporation ( for brevity 'BSFC').

2.

The petitioner is aggrieved by the communication dated 31-12-2022, as contained in Annexure- 7/1 to the writ

Patna High Court CWJC No.2905 of 2023 dt.31-07-2023 2/3 petition. He is an erstwhile 'Assistant Manager' in the respondent- BSFC and was saddled with certain liabilities, arsing out of non-supply of proper bills, in respect of transportation and handling, which was quantified at Rs. 70,49,366/-. Thereafter, he has approached this Court, and was relegated to the Authorities, who after considering the petitioner's claim, with reference to documents, has adjusted substantial amount of the earlier alleged outstanding, which now has been reduced to Rs. 488,492.00/-. The determination is by the District Manager of the State Food Corporation at Darbhanga (Respondent No.7). 3.

Learned counsel for the petitioner submits that many documents have been overlooked, and the Respondent No.7 has also overlooked the fact that petitioner is not liable for Departmental deduction (10%), Handling ( EPF + ESIC @ 30%) as shown in the table of calculation with office order dated 20-12-2022 (Annexure-7). Since these aspects have not been taken into consideration, amounts due outstanding has wrongly been shown in the order dated 31-12-2022 (Annexure- 7/1). 4.

Apparently, the issue of dues outstanding requires consideration with reference to the documents and other submissions noted above, which petitioner can raise before the Managing Director, the Bihar State Food and Civil

Patna High Court CWJC No.2905 of 2023 dt.31-07-2023 3/3 Supplies Corporation Ltd. Bihar, Patna (Respondent No. 2). 5.

The petitioner may approach the Respondent No.2 by submitting the documents and his representation, placing reliance on the relevant Rule of deemed approval, within a period of four (4) weeks'. If the same is submitted along with copy of this order, the Respondent No. 2 shall look into the matter and pass orders in accordance with law, after due opportunity to the petitioner within three (3) months thereafter.

6. The Court makes it clear that it has not expressed any opinion on merits of the matter.

7.

Writ petition is, accordingly, disposed of.

(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04-08-2023 Transmission Date