Kumar Jitendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15444 of 2016 ====================================================== Kumar Jitendra Prasad, son of Late Yugal Kishore Lal, resident of MohallaAshok Bihar Colony, P.O.- Chand Choura, P.S.- Bishnupad, Gaya, DistrictGaya. ... ... Petitioner/s

Versus

1.

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

2.

The Director General of Police, Government of Bihar, Old Secretariat, Patna. 3.

The Deputy Director General of Police, Magadh Region, Gaya. 4.

The Senior Superintendent of Police, Gaya.

5.

The Deputy Superintendent of Police, Gaya.

6.

The Sub-Divisional Police Officer, Wazirganj, District- Gaya. 7.

The Police Inspector-cum- Station Head Officer, Muffasil Police Station, Gaya.

8.

The Treasury Officer, Gaya.

9.

The Accountant General, (A & E) Bihar, Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr. Sinha, Adv.

For the State :

Mr. Sheo Shankar Prasad- SC8 For the A.G.

:

Mr. R.K. Priyadarshi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 19-08-2017 The petitioner is retired as Sub-Inspector of Police, with effect from 31.08.2015. He has been paid all retiral dues except the gratuity amount. The said amount had been withheld since the petitioner had not handed-over the charge of Malkhana, which he was having while posted at Mufassil Police Station, Gaya.

2. Learned counsel, appearing on behalf of the State of Bihar, has submitted, on the basis of instruction, which he has received today itself, that the gratuity amount has also been released in

Patna High Court CWJC No.15444 of 2016 dt.19-08-2017 2/2 favour of the petitioner, but subject to the condition that he handsover the charge.

3. Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioner is ready to hand-over the charge.

4. The petitioner is, accordingly, directed to hand-over the charge on 21.08.2018. If he does not hand-over the charge on 21.08.2018, the Superintendent of Police, Gaya, will be obliged to initiate proceeding against him under Rule 43(b) of the Bihar Pension Rules, 1950.

5. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19/08/2017 Transmission Date N/A