Patna High CourtCWJC/19712/2015disposed

Bindeshwari Prasad Sharma v. The State Of Bihar And ORS

2017-07-06Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19712 of 2015 ====================================================== Bindeshwari Prasad Sharma Son of Late Kunj Bihari Sharma Resident of Village Mohaddipur, P.O. Mahmuda, P.S. Alam Nagar District Madhepura. .... .... Petitioner

Versus

1. The State of Bihar through Commissioner-cum-Principal Secretary, Building Construction Department, Vishweswaraiya Bhawan, Bailey Road, Patna.

2. The Joint Secretary-cum-Chief Vigilance Officer, Building Construciton Department, Government of Bihar, Patna.

3. The Deputy Secretary, Road Construction Department, Government of Bihar, Patna.

4. The Executive Engineer, Building Construction Department, Building Division, Araria, P.O. and P.S. Araria, District Araria.

5. The Assistant Engineer, Building Sub Division, Jokihat, P.S. Jokihat, District Araria.

6. The Accountant General, Bihar, Patna

7. The Assistant Account Officer, Office of the Accountant General, Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner :

Dr. Sanjay Kumar Singh, Advocate For the Respondent State : Mr. Sriram Krishna, AC to SC-11 For the Respondent A.G. :

Mr. Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 06-07-2017 On the basis of the authorization made by the petitioner, a sum of Rs.26,98,442.00 has been adjusted from the pension of the petitioner and the rest authorized. Counsel for the petitioner submits that despite his best efforts and his having tendered the details of the utilization of the advance taken for work because of non-cooperation of the superiors, he was compelled to give such authorization to the respondents to recover.

This writ application stands disposed of with liberty

Patna High Court CWJC No.19712 of 2015 (3) dt.06-07-2017 2/2 to the petitioner that so far as the issue of non-adjustment or accounting for the advance is concerned, he can either move before the competent authority afresh, who will have the obligation to settle the same, or he may also have the liberty to move this Court in this regard.

Writ stands disposed of in terms of the above. (Ajay Kumar Tripathi, J) Pawan/- U