Surendra Narayan Sinha v. Bihar State Electricity Board
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12417 of 2011 ======================================================
1. Surendra Narayan Sinha S/O Late Rameshwari Narayan Sinha R/O Road No. 1, House No.8, New Patliputra Colony, P.S. Patliputra, Distt.-Patna. .... .... Petitioner/s
Versus
1. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Secretary.
2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
3. The Member (Administration), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
4. Joint Secretary (Pkg), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
5. Accounts Officer (Establishment), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
6. General Manager-Cum-Chief Engineer, Bihar State Electricity Board, Null Patna.
7. Finance Controller-I, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
8. Director Of Accounts (Terminal Benefits), Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 11-08-2015 Heard learned counsel for the parties.
Though the prayer of the petitioner is for a direction to the respondents to fix final pension and payment thereafter but in view of the statement made in the counter affidavit that the petitioner retired in 2007 and departmental proceeding started in the year 2010, alleging short-fall while petitioner was posted as Electrical Assistant Executive Engineer, Transmission Circle, Bihar Sharif for an amount of more than Rs.23 lacs against which a case is pending before this Court bearing C.W.J.C.No.20660 of 2011, this Court does not find it proper to keep the matter pending
Patna High Court CWJC No.12417 of 2011 (5) dt.11-08-2015 2/2 as the entitlement and payment to the petitioner shall depend on the outcome of the departmental proceeding and any order passed by the Court in the said writ petition.
Accordingly, the writ application stands disposed off. However, the petitioner shall be at liberty to institute a fresh case for payment if the authorities are not discharging their obligation under the law or he finds that something which is due to him, has not been paid by the authorities.
(Ahsanuddin Amanullah, J) ahk/- U