Laxmi Narayan Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6233 of 2015 ====================================================== Laxmi Narayan Sinha Son of Late Thakur Prasad resident of VillageTarwan, Post office- Pabhera, Police Station- Dhanarua, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department , Government of Bihar, New Secretariat Building , Bailey Road, Patna800001.

2. The District Education officer, Patna

3. The District Programme Officer, Establishment, Patna

4. The Block Education Extension officer, Masaurhi, District Patna

5. The Headmaster , Middle School, Usmanchak, Masaurhi, District Patna

6. The Headmaster-cum Drawing & Disbursing officer, Middle school, Abhyas, Masaurhi, District patna

7. The District Provident fund Officer, District Patna

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

For the Petitioner/s : Mr. Tirpit Kumar, Adv For the State : Mr. A. Ujjwal SC-25 For the A.G. : Mr. Rabindra Kumar Priyadarshi, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 07-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner stands deprived of payment of 1,63,800/- and the total amount of his retirement benefit on account of his alleged non handing of charge including the income-expenditure register, bank admission register, mid day meal register as also the utilization certificate and vouchers of the fund under his control and on account of which, he has

Patna High Court CWJC No.6233 of 2015 (2) dt.07-07-2015 also not been issued no dues certificate, this Court in view of the stand taken by the petitioner that he was always and still not ready to hand over the charge of the office of the accounts held by him in capacity of Incharge Headmaster, Madhya Vidyalaya, Usmanchak, Masaurhi, would direct the petitioner to appear before the District Education Officer (Patna) and satisfy him by handing over the full charge of the office and accounts. If the District Education Officer (Patna) on such handing over of the charge of the petitioner of his office and accounts feels that no dues certificate has to be issued, he will accordingly revise the order dated 14.12.2012 to the extent the petitioner would become entitled for payment of the remaining withhold amount of Rs. 1,63,800/-. In other words, the amount of Rs. 1,63,800/- withheld by order dated 14.12.2012, shall be made to the petitioner only when he would give full charge of his office and accounts of the post held by him prior to his retirement.

Patna High Court CWJC No.6233 of 2015 (2) dt.07-07-2015 With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U