Patna High CourtCWJC/6812/2016disposed

Basant Kumar Singh v. The State Of Bihar And ORS

2017-11-09Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6812 of 2016 ====================================================== Basant Kumar Singh Son of Late Shiv Kumar Singh, Resident of Flat No. 202, Lalita Apartment, Mohalla - Mithapur B Area, Patna and Permanent Resident of Village - Sukhpur, P.O. & P.S. - Sukhpur, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna.

2. The Principal Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna.

3. The Special Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna.

4. The Director, Dairy Development Directorate, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 09-11-2017 Nobody appears on behalf of the petitioner. Learned counsel for the State has assisted the Court.

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

3. Learned counsel for the State, who has also filed counter affidavit, submitted that due to certain allegations against the petitioner, a proceeding was conducted against him during his service period, which was later on converted under Section 43(b) of the Bihar Pension Rules, 1950. It was further submitted that punishment is proposed but concurrence has been sought from

Patna High Court CWJC No.6812 of 2016 (5) dt.09-11-2017 2/2 the Bihar Public Service Commission, which is awaited. He submitted that as and when the concurrence is received, final order shall be passed and all admissible dues of the petitioner shall be calculated and thereafter paid to him, if so required, in terms thereof.

4. Having regard to the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 4 to ensure that the departmental proceeding is taken to its logical conclusion, within two months and thereafter, further, to ensure that payment of the retiral dues of the petitioner be done latest within two months thereafter.

5. Learned counsel for the State shall communicate the order to the officer(s) concerned.

(Ahsanuddin Amanullah, J.) P. Kumar U