Sarla Sharan v. The Accountant General (A And E)
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7614 of 2019 ====================================================== Sarla Sharan W/o Late A.B. Sharan Resident of B-1/C-501 Velentine Apartment, Opp. J.C. Verghese Compound, Film City Road, Malad East, Mumbai-400097 permanent resident of 312, Patliputra Colony, P.o. and P.s.- Patliputra, Patna-800018 ... ... Petitioner/s
Versus
1.
The Accountant General (A and E) Bihar, Patna 2.
Joint Director General Administration Department, Bihar, Patna 3.
Principal Secretary Labour and Employment Department, Bihar at Patna 4.
The State Bank of India CPPC, Patna through its Branch Manager, Bihar at Patna 5.
AGM, State Bank of India Centralized Pension Processing Center, CPPC, Administrative Office Building, 4th Floor, J.C. Road, Patna-800001 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumeet Kumar Singh For the Respondent/s :
Mr.Anil Kr. Singh (Gp26) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard the parties.
Following reliefs have been sought for in paragraph 1 (I) to 1(IV) of the present application on behalf of the petitioner: "1(I) That the present writ application is being filed in the nature of Certiorari for quashing the letter dated 16.01.2019 (Annexure-P-5 to the writ application) by which the State Bank of India, Centralized Pension Processing Center has issued
Patna High Court CWJC No.7614 of 2019(6) dt.15-06-2020 2/3 that a sum of Rs. 4,43,025/- which has been paid as extra amount in the pension will be deducted from the account of the petitioner bearing account No. 30132391182; on the ground that there has been no verification of the account- pension paper order of the petitioner correctly nor there can be recovery of the money from the pensioner without issuing proper show cause notice;
(II) That the present writ application is being filed in the nature of Mandamus for a direction to the Accountant General Office, Patna as well as State Bank of India to deposit the amount which has been deducted from the account of the petitioner bearing account no. 30132391182 in the light of Annexure-5 to the writ application;
(III) That the present writ application is being filed in the nature of Mandamus for a direction to the respondent authority specially the Accountant General Office as well as the State Bank of India to pay the amount of Rs. 1,45,597/- which is the differential amount as withheld by the Accountant General Office without any justification;
(IV) For issuance of any other relief or relief(s) for which the petitioner is entitled for" Learned counsel for the petitioner submits that the petitioner may be granted liberty to file a representation before the concerned authority for the redressal of her grievance. Considering the same, the petitioner is granted liberty to file/make a representation before the concerned authority for the redressal of her grievance. In case, any such representation is made/filed by the petitioner before the concerned authority, the concerned authority shall consider the representation of the petitioner and pass an appropriate order in accordance with law
Patna High Court CWJC No.7614 of 2019(6) dt.15-06-2020 3/3 within a period of four months from the date of filing of such representation.
With the aforesaid observation/direction, the present writ application stands disposed of.
(Sudhir Singh, J) Pankaj/- U