Radhe Shyam Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3940 of 2018 ====================================================== Radhe Shyam Singh Son of Lare Sri Mundrika Singh, Resident of Mohalla and P.O.- Bakhaurapur, P.S.- Barahara, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, Daroga Rai Path, R. Block, Road No.2, Patna800001. 3.

The Deputy Chief Claim, Corporation Headquarter, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-800001.

4.

The Chief Finance Officer, State Food Corporation, Katihar. 5.

The District Manager, State Food Corporation, Katihar. 6.

The Assistant Accounts Officer, State Food Corporation, Sone Bhawan, 5th Floor, Birchand Patel Path, Patna-800001.

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

For the Petitioner/s :

Mr. Mr. Sunil Kumar Karn, Advocate Mr. Abhay Kumar Singh, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, SC-4 For the SFC :

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the Bihar State Food and Civil Supplies Corporation Limited and Learned Counsel for the State.

2. The present writ petition has been filed by the petitioner for setting aside letter No.9953 dated 12.09.2014 (Annexure-12) by which demand of Rs.7,87,700.47 has been

Patna High Court CWJC No.3940 of 2018(6) dt.31-01-2025 2/3 made by the Bihar State Food and Civil Supplies Corporation Limited.

3. Learned Counsel for the petitioner submits that petitioner has retired on 31.07.2013 and thereafter in the year 2014 the arrear of Rs.7,87,700.47 has been demanded.

4. Learned Counsel for the Bihar State Food and Civil Supplies Corporation Limited submits that this letter has been issued in consonance of Annexure-6, which is office order under which the petitioner has been punished.

5. It transpires to this Court that the petitioner has retired on 31.07.2013 and relation of employee and employer has ended on the said date. In the punishment order, a vague assertion has been made. The letter dated 12.09.2024 has been issued without considering the petitioner's application save and except only one line written that the M.D. has considered his letter. This is absolutely an absurd way to consider the application.

6. Therefore, Letter No.9953 dated 12.09.2014 is hereby quashed. It is directed to the Bihar State Food and Civil Supplies Corporation Limited that the Corporation shall issue fresh letter in this matter only after granting due opportunity to the petitioner and considering all his assertions that why it has

Patna High Court CWJC No.3940 of 2018(6) dt.31-01-2025 3/3 not been accepted by the corporation before passing final order.

7. Accordingly, this application stands allowed. (Dr. Anshuman, J) Mkr./- U