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Patna High CourtCWJC/16090/2015disposed

Keshri Nandan Thakur v. The State Of Bihar And ORS

2023-09-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16090 of 2015 ====================================================== Keshri Nandan Thakur S/o Late Raghubar Kinker Thakur, resident of Dhankaul Niwas, Hospital Road, ward No.-23 Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Labour Resources Department, Government of Bihar, Patna.

2.

Special Secretary, Labour Resource Department, Govt. of Bihar, Patna. 3.

Joint Secretary, Labour Resources Department, Govt. of Bihar, Patna. 4.

Collector, cum District Magistrate, Khagaria. 5.

Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Sanjay Parasmani, Advocate For the State :

Mr.S.K.Mandal, SC-3 Mr.Arjun Prasad, AC to SC-3 For AG Bihar :

Mr.Ram Kinker Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2023

1. The present writ petition has been filed for quashing the memo dated 09.10.2013, issued by the Joint Secretary, Labour Resource Department, Government of Bihar, Patna, whereby and where under punishment of deduction of 1% from pension, has been inflicted upon the petitioner.

2. At the outset, the learned counsel for the respondent-State has produced an order dated 20.09.2023, issued by the Special Secretary to the Government, Labour Resource Department, Government of Bihar, Patna, whereby and where under it has been stated that since the present case is not a case of gross irregularity and there has been no pecuniary

Patna High Court CWJC No.16090 of 2015(2) dt.21-09-2023 2/2 loss to the Government, the Government has taken a decision to withdraw the order of punishment dated 09.10.2013. Let the said resolution dated 20.09.2023, be kept on record.

3. Accordingly, the amount of pension withheld/deducted by the respondents, on account of the impugned order dated 09.10.2013 is directed to be refunded back to the petitioner, within a period of four weeks from today.

4. The petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U