Ramashish Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6578 of 2020 ====================================================== Ramashish Baitha, Son of Bhuta Baitha, Resident of Village- Basant Jagjivan, Ward- 09, P.S.- Purnahiya, District- Sheohar- 843334. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna.

2.

The Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna. 3.

The District Magistrate, Sitamarhi.

4.

The Deputy Development Commissioner, Sitamarhi. 5.

The District Certificate Officer, Sitamarhi.

6.

The Sub- Divisional Officer, Pupri, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Respondent/s :

Mr. Ajay, GA 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 15-11-2021 Petitioner has prayed for the following relief(s):-

2/5

3/5 Learned counsel for the petitioner submits that a certificate proceeding has been initiated against petitioner under the Public Demand Recovery Act, 1914 (hereinafter referred to as the 'Act') for recovery of amount of Rs. 507725/- which is alleged to have been misappropriated while petitioner was posted as Section Officer, Sub-divisional Office, Pupri, Sitamarhi. He further submits that for the same charges a departmental proceeding was initiated against him as well as FIR was also instituted. He has been exonerated of the charges by the Enquiry Officer.

It is submitted that he has taken objections

4/5 under section 9 of the Act but without considering his objections and determining the liability of petitioner, warrant of arrest has been issued against him. Section-9 whereof reads as follows:- "9. Hearing and determining of such petition - The Certificate Officer in whose office the original certificate is filed may after hearing the petition and taking evidence if necessary confirm, set aside, modify or vary the certificate as he deems fit."

The writ petition is disposed of with a direction to the District Certificate Officer, Sitamarhi, to first consider and decide the objections filed by the petitioner by a reasoned and speaking order and determine the liability of the petitioner under the PDR Act and thereafter only he can take coercive steps for realization of said amount and till order on objections filed by petitioner under section 9 of the PDR Act is not passed and his liability is not determined under the PDR Act, no coercive action be taken against the petitioner till such order, if not already passed, is passed by the District Certificate Officer. The petition stands disposed of.

5/5 Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Sujit/Sanjay AFR/NAFR NAFR CAV DATE NA Uploading Date 22.11.2021 Transmission Date NA