Chhathu Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5200 of 2016 ====================================================== Chhathu Paswan, Son of late Baban Paswan, Resident of VillageMohanpur, Post Mohanpur, P.S. Mohanpur, District Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Home (Police Department) Govt. of Bihar, Patna.

2. The Director of the Home (Police) Department Govt. of Bihar, Patna.

3. The District Magistrate, Purnea.

4. The Sub-Divisional Officer, Purnea.

5. The Block Development -cum-Circle Officer, Rupauli, District Purnea.

6. The Provident Officer, Purnea.

7. The Treasury Officer, Purnea.

8. The Accountant General of Bihar.

9. The Chief Manager, Bhartiya State Bank of India Main Branch, Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Adv. For the Respondent nos.1to7 : Mr. Samir Kumar, AC to SC-16 For the Respondent no.8 : Mr.Bindhayachal Rai, Adv. For the Respondent no.9 : Mr.Satya Prakash Tripathi, Adv. Mr.Satya Vrat, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-09-2016 Heard the parties.

In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition with respect to the payment of retiral benefits to him, this Court is of the opinion that, instead of keeping the matter pending any longer asking the respondents to file their counter affidavit, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents before the respondent District Magistrate, Purnea, raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such a fresh comprehensive representation is filed by

Patna High Court CWJC No.5200 of 2016 (2) dt.09-09-2016 the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Magistrate, Purnea shall be obliged to consider and decide the claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, besides others, if any, at an early date, preferably within a period of three months from the date of filing of such comprehensive representation by the petitioner.

If on consideration of the materials, the respondent District Magistrate, Purnea comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and the same is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U