Patna High CourtCWJC/14916/2014allowed

Purushottam Prasad Verma v. The State Of Bihar And ORS

2017-05-23Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14916 of 2014 ======================================================

1. Purushottam Prasad Verma son of Late Nageshwar Prasad Resident of North of Jangali Mai Asthan, Balughat, P.S. Muzaffarpur Town, District - Muzaffarpur, the retired Clerk, Referral Hospital, Tariyani Chapra, District - Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Principal Secretary, Health Department, Government of Bihar, Patna

3. The Director - in - Chief, Health Services, Bihar, Patna

4. The Regional Director Health, Tirhut Division, Muzaffarpur

5. The Civil Surgeon - Cum - Chief Medical Officer, Sheohar, District - Sheohar

6. The Incharge Medical Officer, Referral Hospital, Tariyani Chapra, District - Sheohar

7. The District Treasury officer, Muzaffarpur, District - Muzaffarpur

8. The Accountant General, Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. AC to GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 23-05-2017 The State counsel, on instruction from the Civil Surgeon, Sheohar, informs the Court that even though Praptra Ka was issued but neither any enquiry officer nor presenting officer was ever appointed and to that extent the departmental proceeding never took off the ground.

If that be so, then keeping in mind the time frame, which has elapsed now since the so-called basis and reason for initiation of a lame kind of departmental proceeding, the impugned order dated 10.6.2013 contained in Annexure- 5 where

Patna High Court CWJC No.14916 of 2014 (3) dt.23-05-2017 2/2 a deduction of Rs.7,48,145/- was ordered, needs to be quashed. Writ application is allowed. Respondents are now directed to settle the gratuity and other dues, preferably within a period of three months from the date of production/ communication of a copy of this order.

(Ajay Kumar Tripathi, J) sk U