Anand Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5803 of 2023 ====================================================== Anand Prakash Singh Son of Late Laxmi Narayan Singh Resident of VillageKasava Mehasi, P.S.- Mehsi, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Deputy Secretary of Government, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, East Champaran, Motihari. 4.

The Additional Collector, East Champaran, Motihari. 5.

The Deputy Collector Land Reforms, Chakia, East Champaran. 6.

The Circle Officer, Kesariya, East Champaran. 7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Navnit Kumar, AC to GP-18 For Accountant General :

Mr. Arun Kumar Arun, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 08-08-2023 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner, Mr. Navnit Kumar, learned counsel appearing on behalf of the State and Mr. Arun Kumar Arun, learned counsel appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the petitioner informs that petitioner substantial amount of pensionary benefit has been paid to the petitioner. However, the Circle Officer, East Champaran, Motihar, for reasons best known to him has deducted

Patna High Court CWJC No.5803 of 2023 dt.08-08-2023 2/3 salary of 44 days and has not paid benefit of New Pension Scheme, which the petitioner had opted for and deposited required amount in accordance with the said scheme.

3. Learned counsel appearing on behalf of the petitioner seeks to file detail representation before the District Magistrate, East Champaran, Motihari, respondent no. 3.

4. Considering the specific relief as claimed by the petitioner in the present writ petition, the District Magistrate, East Champaran, Motihari is directed to call for the record from the Circle Officer, Kesariya, East Champaran, Motihari and see that whether he has deliberately not expedited for payment of relief as claimed by the petitioner in the present writ petition.

5. In case, it is found that the Circle Officer, has not acted in accordance with law and had delayed, in that case the Magistrate must ensure to take disciplinary action against him.

6. In the meantime, the District Magistrate/ Circle Officer is directed to take necessary steps for making payment of retiral dues to the petitioner.

7. In any case the relief as claimed by the petitioner in the present writ petition and representation, if any, has been filed by the petitioner, is directed to be disposed of within a period of six weeks from the date of this order.

Patna High Court CWJC No.5803 of 2023 dt.08-08-2023 3/3

8. It goes without saying that petitioner is also entitled for statutory interest till the date of payment on account of delay in making payment of retiral dues under different heads.

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

(Purnendu Singh, J) pravinkumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA