Pachus Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1821 of 2016 ===========================================================

1. Pachus Pandit Son of Late Dukhan Pandit Resident of village - Ankuri, P.O. Ankuri, P.S. Paliganj, District - Patna, Presently Posted as Labour Enforcement officer Anchal Agiaon, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna

2. The Secretary, Labour Resources Department, Government of Bihar, Vikash Bhawan, Patna

3. The Labour Commissioner, Bihar Vikash Bhawan, Patna

4. Joint Secretary, Labour Resources Department, Government of Bihar, Vikash Bhawan, Patna

5. The Deputy Secretary, Labour Resources Department, Government of Bihar, Vikash Bhawan, Patna

6. The District Magistrate, Bhojpur at Ara

7. The Labour Superintendent Agriculture, Bhojpur at Ara

8. The Labour Superintendent, Bhojpur at Ara

9. The Managing Director, State Food Corporation, Patna

10. The District Manager, State Food Corporation, Samastipur

11. The Chief Procurement officer, State Food Corporation, Patna

12. The District Magistrate, Samastipur

13. The Labour Superintendent Agriculture, Samastipur

14. The Assistant Labour Commissioner, Agriculture, Samastipur

15. The Deputy Labour Commissioner, Agriculture, Tirhut Division, Muzaffarpur

16. Deputy Labour Commissioner, Agriculture .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Mishra For the State : Mr. R.K. Priyadarshi- SC32 For the Corporation : Mr A.N.Rai =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 18-04-2016 The issue of payment of salary has been taken care of by the respondent authorities now. Therefore, the primary relief for which writ has been filed has already been granted to the petitioner. Certain claims have been raised against the petitioner with regard to procurement of wheat and the accounting which he had

Patna High Court CWJC No.1821 of 2016 dt.18-04-2016 2/2 to do with regard to said exercise, which is also a grievance being raised by the petitioner now.

The Court deliberately does not want to go into the merits of the calculation of the liability and the explanation being offered by the petitioner with regard to the same because these are matters which will be required to be examined on the ground and the Court will not do so on behalf of either the petitioner or the respondents under Article 226 of the Constitution of India. Petitioner has all the freedom to explain the accounting as well as the expenses etc.,which he had incurred for which he is seeking set off. All these matters will be looked into by the State Food Corporation authorities and a final decision be taken within a period of six weeks from the date of filing of an application with a copy of this order with supporting material before the District Manager, State Food Corporation, Samastipur i.e. respondent no.10. Writ is disposed of with the above direction. (Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 18.4.2016 Transmission Date