Bharat Nath Mishra v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10812 of 2008 ====================================================== Bharat Nath Mishra, son of Late Muneshwar Mishra, resident of VillageBangoun, P.S. Bangoun, District-Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar through the Director, Panchayati Raj, Bihar, Patna.
2. District Development Commissioner-cum- Chief Executive Officercum-Secretary, Zila Parishad, Madhepura.
3. Additional Chief Executive Officer, Zila Parishad, Madhepura.
4. Nagar Executive Officer, Nagar Parishad, Madhepura. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner : Mr. Prafull Chandra Jha, Advocate For the Respondent no.1 : Mr. Ravish Chandra, A.C. to S.C.-26 For the respondents 2 to 4 : Mrs. Sunita Kumari, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-04-2015 The petitioner retired as Assistant Engineer in the year 2002. He filed this writ petition claiming that substantial amounts towards retirement benefits were not extended to him. The respondents filed a counter affidavit stating inter alia that a sum of Rs.4,57,380/- was found to be recoverable from the petitioner and, accordingly, the said amount was retained and the balance was paid.
Heard Sri Prafulla Chanda Jha, learned counsel for the petitioner and Sri Ravish Chandra, learned counsel for the respondent no.1 and Smt. Sunita Kumari, learned counsel for the respondents 2 to 4.
There is no serious dispute as to the entitlement to
Patna High Court CWJC No.10812 of 2008 (10) dt.09-04-2015 2/2 the petitioner under various heads. However, the respondents have filed a copy of the order dated 15.03.2008 issued by the Chief Executive Officer, Zila Parishad, Madhepura, which is to the effect that a sum of Rs.4,57,380/- is recoverable from the petitioner. The said order has not been challenged so far. Therefore, the writ petition is dismissed, leaving it open to the petitioner to submit a representation vis-à-vis the order dated 15.03.2008 issued by the Chief Executive Officer, Zila Parishad, Madhepura.
Interlocutory applications, if any, shall stand disposed of. There shall be no order as to costs. (L. Narasimha Reddy, CJ) Sunil/- U