Dhruva Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1203 of 2019 In Civil Writ Jurisdiction Case No.6569 of 2018 ====================================================== Dhruva Mishra S/o Late Parichan Mishra Resident of Village P.O. Rampur Daud, P.S.- Kuchaikote, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Gopalganj, Mr. Animesh Parashar I.A.S.

2.

The District Magistrate Gopalganj, Mr. Animesh Parashar, I.A.S. 3.

The District Development Commissioner Gopalganj, Mr. Dayanand Mishra 4.

The Block Development Officer Thawe, Distt.- Gopalganj, Mrs. Minu Kumari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava For the Opposite Party/s :

Mr.Parth Sarthy (Ga 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2019 In compliance of the earlier order of this Court, the contemnors have filed a supplementary show cause, wherein it has been admitted that on account of lapses on behalf of the respondent- authorities, a sum of Rs. 47,435/- pertaining to the sanctioned medical leave, though has been paid in the year, 2019, was required to be paid in the year, 2013, as the petitioner stood retired on 30.09.2013.

The respondent-authorities have found that the then Block Development Officer, Sri Ashok Kumar Choudhary, presently posted as District Panchayat Raj Officer, Darbhanga is solely responsible for the aforesaid lapses, hence he has been

Patna High Court MJC No.1203 of 2019(6) dt.16-09-2019 2/2 put under suspension vide memo dated 12.09.2019 and a department proceeding has been initiated. This Court is of the opinion that since the present case is a case of admitted lapses on the part of the respondent-authorities in making delayed payment of the aforesaid amount of Rs. 47,435/-, I deem it fit and appropriate to direct the respondent- authorities to compensate the petitioner appropriately, i.e. by taking recourse to payment of interest @ 6% per annum for the period of delay caused in making the aforesaid payment of Rs. 47,435/-. Necessary steps are required to be taken by the District Magistrate, Gopalganj in this regard, forthwith. The amount of compensation/ interest so granted to the petitioner by the District Magistrate, Gopalganj shall be recovered from the erring officials, who were/ are responsible for delay in making payment of the aforesaid amount to the petitioner. (Mohit Kumar Shah, J) rinkee/- U