Nageshwar Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10844 of 2016 =========================================================== Nageshwar Mandal S/O Late Manik Mandal Rtd. Assistant Engineer Resident of Sheikhepura Bagicha Po- B.V College PS- Shastrinagar, Patna 800014 .... .... Petitioner/s

Versus

1. The State of Bihar through The Chief Secretary, Old Secretariat, Patna, Bihar

2. The Principal Secretary, RWD, Vishwesraiya Bhawan, Patna-1

3. The Principal Secretary, Road Construction Department, Vishwesraiya Bhawan, Bailey Road, Patna.

4. The Engineer-in-Chief, RWD, Vishwesaraiya Bhawan, Bailey Road, Patna

5. The Chief Engineer-3, RWD, Vishwesraiya Bhawan, Patna-1

6. The Executive Engineer, RWD Hajipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Jha, Advocate For the Respondent/s :

Dr. Anil Kumar Upadhyay, SC 2 with Mr. Naresh Prasad, AC to SC 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-09-2016 Heard learned counsel for the parties.

The petitioner has moved the Court seeking payment of his retiral dues.

Learned counsel for the petitioner submits that having superannuated on 31.01.2014, a departmental proceeding was initiated against him on 30.06.2014. He further submits that on 09.12.2015 the

Patna High Court CWJC No.10844 of 2016 dt.16-09-2016 2/2 enquiry officer has submitted a report returning a finding that the charge against him has not been proved. Learned counsel submits that he has been granted only provisional pension and entire gratuity is withheld because of such departmental proceeding. Learned counsel for the State submits that the authority would conclude the departmental proceeding as the enquiry report has already been submitted, within one month. It is also submitted that thereafter final pensionary benefits shall be sanctioned as per the order passed in the departmental proceeding.

In view of the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 2 to ensure that final order is passed in the departmental proceeding started against the petitioner, within four weeks from the date of production of a copy of this order before him. Thereafter payment shall be made to him within the next six weeks in terms of the order passed in the departmental proceeding. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.09.2016 Transmission Date N/A