Girija Nandan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21529 of 2011 ====================================================== Girija Nandan Prasad S/O Late Raghunandan Prasad R/O Village- Sakraurha, P.S.- Nagarnausa (Chandi), District-Nalanda ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Divisional Commissioner, Patna

3. The Collector-Cum-District Chairman District Establishment Committee, Nalanda, Bihar Sharif

4. The Then District Superintendent Of Education Nalanda, At Present The CoOrdinator Programme Officer, Nalanda At Biharsharif

5. The Treasury Officer, Nalanda At Bihar Sharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Verma, Advocate For the Respondent/s :

Mr. Kundan Bhadur Singh, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 22-06-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner was inflicted punishment of stoppage of two increments without cumulative effect allegedly for noncompliance of the direction for payment of post retiral dues of one Kishori Ram.

In the counter affidavit it has come that petitioner was inflicted minor punishment. It is admitted in para-15 of the counter affidavit that the petitioner has submitted bill before the Treasury on 14.2.2004 which was returned by the Treasury with objection on 23.2.2004. Thereafter the petitioner has submitted the bill on 15.3.2004 and payment was made to said Kishori Ram.

Patna High Court CWJC No.21529 of 2011 dt.22-06-2018 2/2 In view of the above, the Court does not find serious lapse warranting punishment against the petitioner and accordingly, the order of punishment dated 14.9.2004 contained in Annexure-7 and the appellate order dated 29.3.2011 contained in Annexure-11 cannot sustain and as such they are quashed. The respondents are directed to restore all the benefits to the petitioner within a period of 60 days from the date of receipt/production of a copy of this order.

The writ petition stands allowed and disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2018 Transmission Date