Indra Mohan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8318 of 2020 ====================================================== Indra Mohan Prasad Singh Son of Late Vishundev Prasad Singh Resident of Lohia Nagar, Ward No. 28, P.S. Begusarai Town, District Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Food House, Daroga Rai Path, Patna-1. 2.

The Desk Officer, Bihar State Food and Civil Supplies Corporation Ltd. Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-1. 3.

The District Manager, State Food Corporation, Bhagalpur. 4.

The Assistant Account Officer (H.Q.), Sone Bhawan, 5th Floor, Virchand Patel Path, Patna-1.

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

For the Petitioner/s :

Mr. Hare Krishna Prasad, Advocate For the Respondent/s :

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-01-2024 Heard Mr. Hare Krishna Prasad, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar Singh, learned counsel for the Bihar State Food and Civil Supplies Corporation Ltd. (BSFC).

2. The petitioner, by invoking the prerogative writ jurisdiction of this Court, has filed the present writ petition for the following reliefs:

I. The respondent directed to pay the entire retrial benefit with interest to the petitioner. He has been retired from his service on 31.7.2010.

II. The respondents be directed to release the salary of February 2010, March 2010 and July 2010 with

Patna High Court CWJC No.8318 of 2020 dt.02-01-2024 2/3 interest to the petitioner.

III. The heavy cost may be imposed over the responsible respondents, because, when ever the petitioner sought for aforesaid grievances the respondents threatened him to send behind the bar, but till date no any F.I.R. has been lodged against the petitioner.

IV. The another relief/reliefs may be granted for which the petitioner.

3. A counter affidavit has been filed on behalf of the respondent nos. 2 to 4.

4. Learned counsel for the respondent Corporation by referring to the statements made in the counter affidavit has submitted that though the petitioner was superannuated on 31.07.2010, however, he failed to give charge of 343.36 quintal of rice and 20.31 quintal of sugar, the cost of which was recoverable from him and accordingly, a demand letter was issued way back in the year 2010 vide Letter No. 8260 dated 13.09.2010. He further submits that despite the aforenoted notice, the petitioner chosen not to respond. The total retirement benefits of the petitioner was reported to be Rs. 5,33,524.00/- and the total recoverable amount was assessed as Rs. 7,63,681.44/- + Rs. 2,49,000, which was adjusted and the final recoverable amount reduced to Rs. 4,41,885.56/-. He next submits that the petitioner had also taken an advance amount of Rs. 2,49,000/- on different dates and this amount has also to be adjusted from final retiral

Patna High Court CWJC No.8318 of 2020 dt.02-01-2024 3/3 benefit payable to the petitioner with interest. He lastly submits that after calculation of the interest over the due amount, the total recoverable amount comes to Rs. 21,79,853.34/-.

5. At this juncture, learned counsel for the petitioner referring to Annexure-D of the counter affidavit submits that it appears that the petitioner is no more alive, as in this regard the District Manager, Bhagalpur vide its Letter No. 604 dated 18.03.2023 has informed the Deputy General Manager, Administration. He lastly submits that despite his best efforts, he could not contact to his client.

6. Regard being had to the submissions made on behalf of the parties, this Court left with no option, but to dispose of the writ petition, with a liberty to the petitioner or his heirs to proceed, in accordance with law, if not satisfied with the recovery.

7. This disposes the writ petition.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.01.2024.

Transmission Date NA