Patna High CourtCWJC/19763/2015disposed

Gupteshwar Prasad v. The State Of Bihar And ORS

2017-09-21Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 19763 of 2015 =========================================================== Gupteshwar Prasad, Son of late Ram Lakhan Prasad, Resident of Mohalla- Kazi Mohalla, Nawadih Road, P.O. & P.S. & District -Aurangabad (Retired Manager of Barun).

.... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Bihar Old Secretariat, Patna.

2. The Registrar, Co-operative Department , New Secretariat, Patna.

3. The Assistant Registrar, Co-operative Society, Magadh Division, Gaya.

4. The District Magistrate, Aurangabad.

5. The District Co-operative Officer, Aurangabad.

6. The Managing Director, The Central Co-operative Bank Ltd, Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 21-09-2017 Heard learned counsel for the petitioner, State and the Central Co-operative Bank Limited, Aurangabad (hereinafter referred to as the 'Bank').

2. The grievance of the petitioner relating to payment of post retiral dues relates to the Bank. A counter affidavit has been filed by the Bank in which a categorical statement has been made in paragraph no. 4 that all retiral benefits payable by the Bank has been paid to the petitioner except for Rs. 31,547.63/-, which was withheld for the reason that being the Branch Manager, he had kept more than the insured amount in Bank which was looted at night. Copy of the counter affidavit has been served on learned counsel for the

Patna High Court CWJC No.19763 of 2015 dt.21-09-2017 2/2 petitioner on 18.11.2016. No rejoinder to the same has been filed.

3. In view thereof, the presumption is that the admissible dues of the petitioner have been paid.

4. Accordingly, the writ petition stands disposed off. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U