Lakhindar Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10428 of 2015 =========================================================== Lakhindar Mandal Son of Sri Sahdeo Mandal Resident of Village-Riga, P.S. Riga, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Personnel & Administrative Reforms Department, Patna.

3. The District Magistrate, Muzaffarpur.

4. The Deputy Collector, District, Establishment, Muzaffarpur.

5. The Accountant General of Bihar, Patna.

6. The Treasury Officer, Muzaffarpur.

... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate. For the State : Mr. Ajay Bihari Sinha, S.C. 19.

Mr. Suryakant Kumar, A.C. to S.C. 19.

Appearance of D.M. Muzaffarpur : Mr. Dharmendra Singh. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 31-08-2015 Heard learned counsel for the parties.

Pursuant to order dated 13.08.2015, the District Magistrate, Muzaffarpur is present in Court. The Court on the last occasion while directing for his personal appearance had given the opportunity that if detailed counter affidavit showing payment of all admitted dues to the petitioner is filed, the officer need not appear. In view of the fact that pension has been sanctioned but not actually paid, the officer has appeared before the Court.

Today, the stand of the respondents is that the departmental proceeding initiated against the petitioner was finally concluded by order dated 26.08.2015 and further directions have been given for doing the needful with regard to his

Patna High Court CWJC No.10428 of 2015 dt.31-08-2015 2/2 pension and remaining dues.

Learned counsel for the State submits that now the petitioner shall also have to cooperate in the sense that the required formalities of filling up various forms and giving certain affidavits/undertakings have to be done on the part of the petitioner.

In view of the aforesaid, the writ application stands disposed off with a direction to the petitioner to appear before the District Magistrate, Muzaffarpur on 8th September, 2015 at 11.30 A.M. in his office. The District Magistrate, Muzaffarpur shall depute any of his subordinates to ensure that the formalities required by the petitioner are completed within the next two days. Upon the same being done, actual payments shall be made to the petitioner within three weeks thereafter.

The personal appearance of the District Magistrate, Muzaffarpur stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar U T