Bachcha Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7091 of 2015 ====================================================== Bachcha Prasad Singh Son of Late Shyamdeo Singh, Resident of Village and P.O. - Mahammadpur, P.S. Garkha, District - Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Managing Director, Bihar State Agriculture Marketing Board dissolved at Pant Bhavan Baily Road 3.

The Director Vigilance Bihar State Agriculture Marketing Board dissolved at Pant Bhavan Baily Road 4.

The Assistant Secretary Vigilance, Bihar State Agriculture Marketing Board dissolved at Pant Bhavan, Patna 5.

The Assistant Director Bihar Agriculture Marketing Board dissolved Chhapra, Saran.

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

For the Petitioner/s :

Mr.Ram Sumiran Singh For the Respondent/s :

Mr.Sunil Kr. Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 23-04-2019 Petitioner was appointed in the service of Agriculture Marketing Board in 1979. On 05.04.2003 he was removed from service on various allegations including conviction in criminal case arising out of Sessions trial no. 50 of 1977 by Ist Addl. Sessions Judge, Saran. Sentence of the trial court was set aside by this court under order dated 14.11.2007 passed in Cr. Appeal no. 344 of 2001. Petitioner, thereafter submitted his joining on 18.12.2007 before the Assistant Director, Agriculture Marketing

Patna High Court CWJC No.7091 of 2015 dt.23-04-2019 2/3 Board (dissolved). Some correspondence ensued seeking guidelines from Assistant Director, Agriculture Marketing Board (dissolved) in the matter of acceptance of joining of the petitioner and in the meantime, petitioner attained the age of superannuation on 28.02.2014. For the entire period of seven years subsequent upon his joining till his retirement, authorities could not take any decision as to joining of the petitioner. Even today in the counter affidavit, communication issued by the Assistant, Director, Agriculture Marketing Board dated 17.09.2015 has been relied upon to submit that Administrator has sought guidelines from the Department of Agriculture, Bihar, Patna in respect of joining and other claims of the petitioner. Communication dated 17.09.2015 admits dues on account of group insurance and CPF in favour of the petitioner.

In view of such admitted dues emerges from communication dated 17.09.2015, this court directs the respondents-authorities to pay CPF amount as well as group insurance to the petitioner within a period of three months from the date of receipt/production of a copy of this order. This court also directs that final decision in respect of the petitioner pursuant to communication dated 17.09.2015 be communicated to the petitioner within the aforesaid period.

Patna High Court CWJC No.7091 of 2015 dt.23-04-2019 3/3 Writ petition is disposed off.

(Madhuresh Prasad, J) s.hassan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.4.2019 Transmission Date NA