Baccha Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6941 of 2022 ====================================================== Baccha Rai Son of Ram Bichar Rai Resident of Village- Balua Mathiya, P.O.- Mathiya, P.S.- Darauli, District- Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Panchayat Raj Department, Bihar, Patna.
2.
The Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.
3.
The Director, Panchayat Raj Department, Government of Bihar, Patna. 4.
The Deputy Development Commissioner, Siwan.
5.
The District Magistrate, Siwan.
6.
The Additional Collector-cum-Presenting Officer, Siwan. 7.
The Sub-Divisional Officer, Siwan Sadar, Siwan. 8.
The Block Development Officer, Andar Raghunathpur, Siwan. 9.
The District Panchayat Raj Officer, Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the State :
Mr.Kameshwar Pd. Gupta (Gp10) Mr. Deepanjali Gupta, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-04-2024 The present writ petition has been filed seeking the following reliefs:- "(1) (I) For issuance of appropriate writ(s) thereby quashing and setting aside the order bearing memo No.998-II dated 09.12.2017 so far relating to punishment No.2 and 3 whereby and whereunder alleged amount of Rs. 82,500/- (Eighty Two Thousand Five Hundred) only against different Social Welfare
Patna High Court CWJC No.6941 of 2022(2) dt.23-04-2024 2/3 Project amount received but allegedly not spent has been ordered to be recovered from his salary whereas fact is that petitioner has already deposited the said amount in Treasury, Allahabad Bank A/C No.
50045611256 on dated 26.11.2014 itself and further major punishment of withholding of two increments of pay with cumulative effect under Rule-14 (vi) of Bihar Government Servant (Classification, Control & Appeal) Rules 2005 has been imposed in a most arbitrary and discriminatory manner.
(ii) For issuance of appropriate writ thereby commanding upon the respondents to refund back the amount which they have recovered illegally from the petitioner's salary despite the fact that he had already deposited the entire alleged amount of Rs.3,07,500/-with the respondent.
(iii) For further issuance of appropriate writ(s) thereby commanding upon the respondents to regularize petitioner's suspension period for the purposes of his service benefits including payment of full salary for the long suspension period.
(iv) For further grant of all the consequential monetary benefits arising thereto with interest and cost."
Patna High Court CWJC No.6941 of 2022(2) dt.23-04-2024 3/3 2.
After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent-authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.
3.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J) kanchan/- U