Dr. Baijnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11767 of 2015 ====================================================== Dr. Baijnath Singh S/o late Tilak Singh resident of Village- Barhampura, P.s Barahampura, P.o. M.I.T. District Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

The Director-in-chief, Health Services, Government of Bihar, Patna. 3.

The Deputy Secretary, Health Department ,Government of Bihar, Patna. 4.

The Accountant General ,Bihar.

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

For the Petitioner/s :

Mr. Krishna Kant Singh For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 22-09-2017 Heard counsel for the petitioner. He takes an objection that even for the period when petitioner was not posted at the relevant places, he has been asked to account for. Such objection could be valid provided the petitioner was not asked to take over such a responsibility at the time of his posting or at the time he took charge. This Court leaves it open to the petitioner that for the period he was posted, he must account for and offer his explanation or reconciliation to the authorities, if he wants his post retiral dues to be settled in every respect. The petitioner will be at liberty even now to file a revised show cause with regard to posting at the relevant places and he has freedom to explain himself to the concerned authority. Till such reconciliation is done, there cannot be any mandamus at

Patna High Court CWJC No.11767 of 2015(4) dt.22-09-2017 2/2 this stage to pay him left over dues of his post retiral benefits. Writ stands disposed of with the liberty and direction as above.

(Ajay Kumar Tripathi, J) sk U