Yogendra Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14873 of 2014 ====================================================== Yogendra Sah Son of Shiv Baran Sah resident of village - Bakhari, Nazir, P.O. Mehsi, P.S. Mehsi, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Bihar, Patna 3.

The Director, Primary Education, Bihar, Patna 4.

The District Programme Officer ( Establishment ), East Champaran, Motihari 5.

The District Magistrate, East Champaran, Motihari. 6.

The District Treasury officer, East Champaran, at Motihari 7.

The Block Education Officer, Mehsi, East Champaran 8.

The Head Master, Govt. Middle School, Bakhari, Mehsi, East Champaran 9.

The Accountant General, Birchand Patel Path, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur Advocate For the Respondent/s :

Mr. S. S. P. Yadav SC-14 For the Accountant General :

Mr. Raghwanand Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 19-09-2017 None for the petitioner on call.

The issue is non-accounting to the tune of Rs. 16,33,883.00.

So long as the advance is not reconciled and accounting done, the deductions, so made, cannot be said to be erroneous. It is not a case of embezzlement or things of such kind where a departmental proceeding would be required to be initiated. Since it is a simple case of accounting and explaining the account in the manner in which the funds have

Patna High Court CWJC No.14873 of 2014(7) dt.19-09-2017 2/2 been used, it is left open to the petitioner that in case he manages to explain and reconcile the account, the deductions so made may be required to be released in his favour, but not before proper reconciliation of account.

No interference is warranted with the deductions at this juncture.

Writ Application is dismissed.

(Ajay Kumar Tripathi, J) skm/- U