Vinod Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5551 of 2023 ====================================================== Vinod Kumar Verma S/o Late Tej Narayan Lal, Resident of Village-Rajbag Bhagwati Path, Ward No. 9, P.S. Janakpur Road Pupri, District Sitamarhi843320. At Present Shrikhandi Bhitha, P.S. Sursand, District Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

2.

The Deputy Development Commissioner, Sitamarhi. 3.

The District Magistrate, Sitamarhi.

4.

The Sub-Divisional Officer, Pupri, District-Sitamarhi. 5.

The Block Development Officer, Choraut, Dist. Sitamarhi. 6.

The Block Development Officer, Bokhra, District Sitamarhi. 7.

The Block Development Officer, Parihar, District Sitamarhi. 8.

The Accountant General, Bihar, Patna.

9.

The Treasury Officer, Sitamarhi.

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

For the Petitioner/s :

Mr.Subodh Kumar, Advocate.

For the State :

Mr.Md. Irshad, AC to SC-1.

For A.G. Bihar :

Mr. Chaitanya Swaroop, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-08-2023 Heard Mr. Subodh Kumar, learned counsel appearing on behalf of the petitioner; Mr. Md. Irshad, learned AC to SC-1 for the State and Mr. Chaitanya Swaroop, learned counsel for the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner is aggrieved by the illegal action of the Block Development Officer, Choraut, Sitamarhi who in spite of several reminders issued by the District

Patna High Court CWJC No.5551 of 2023 dt.07-08-2023 2/3 Magistrate, Sitamarhi has not produced the records relating to the petitioner for fixation of his pension and payment of other retiral dues on different heads. The petitioner had retired on 30.03.2017 from the post of Nazir while he was working in Choraut Block, Sitamarhi. Petitioner has admitted that on account of disciplinary proceeding, an amount of Rs.19,83,994/- has been recovered from the pensionary benefit of the petitioner, even though pension of the petitioner has not been fixed till date.

3. Considering the nature of claim made by the petitioner as well as the fact that admittedly the Block Development Officer, Choraut has sat over the claim of the of the petitioner deliberately by not sending the records relating to the petitioner to the District Magistrate, Sitamarhi, the Block Devlopmetn Officer, Choraut, Sitamarhi is directed to forthwith personally produce all the records relating to the petitioner before the District Magistrate, Sitamarhi within a period of one week.

4. The District Magistrate, Sitamarhi is directed to take appropriate legal action against the Block Development Officer, Choraut, Sitamarhi who in spite of receipt of several reminders from his office has not responded to him.

Patna High Court CWJC No.5551 of 2023 dt.07-08-2023 3/3

5. The District Magistrate, Sitamarhi must also ensure to take final decision with respect to the entitlement of the petitioner as claimed in the present writ petition within a period of two weeks and direct the Sanctioning Authority to send sanction letter to the Accountant General, Bihar for fixation of pension in accordance with law.

6. With the above observation and direction, the writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 08.08.2023 Transmission Date N.A.