Birendra Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7571 of 2014 ===========================================================

1. Birendra Kumar Sinha son of late Ram Chandra Prasad Sinha resident of Mohalla - Pokhra Medani Mal, Near Sri Bhola Rai, ex-Minister , P.O./P.S. - Hazipur, Distt. - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Finance Department, Bihar, Patna.

2. The Director, Provident Fund Directorate, Finance Department, Bihar, Pant Bhawan, Baily Road, Patna.

3. The District Provident Fund Officer, Vaishali (Hazipur) .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sidhendra Narayan Singh For the Respondent/s : Mr. SC4-MD.RAISUL HAQUE =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-04-2016 In the controversial circumstances with regard to not handing over certain documents and records of the office of which petitioner being the Head Clerk cannot be certified by this Court under Article 226 of the Constitution of India. Annexure- 6 is being placed by the petitioner as his defence but the authenticity and correctness of that communication cannot be certified or verified by this Court.

The Court has gone through the counter affidavit and the communications, which have been brought on record, where repeated reminders have been issued to the petitioner to ensure that the records are made available to the authorities. However, instead of doing so,

Patna High Court CWJC No.7571 of 2014 dt.28-04-2016 2/2 the petitioner has approached writ court for resolution of the dispute which cannot be adjudicated under Article 226 of the Constitution of India.

Writ is dismissed.

Let the petitioner invoke other jurisdiction, including the office of the Collector, if he so wants, or cooperate with the respondent authorities in making over charge as well as production of the necessary files and records as demanded from him through repeated communications (Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 28.4.2016 Transmission Date