Chandra Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2238 of 2023 In Civil Writ Jurisdiction Case No.803 of 2023 ====================================================== Chandra Bhushan Kumar Son of Late Narayan Prasad, Resident of VillageBairiganj, ward no. - 5, P.O. - Khapura, P.S.- Nagarnausa, District - Nalanda, Retired Toll Clerk, Mahatma Gandhi Setu Division, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Shri Pratyay Amrit, the Additional Chief Secretary, National Highway, Road Construction Department, Govt. of Bihar, Patna.

2.

Shri Pratyay Amrit the Additional Chief Secretary, National Highway, Road Construction Department, Govt. of Bihar, Patna. 3.

Shri Amarnath Pathak, the Chief Engineer, National Highway Road Construction Department, Govt. of Bihar, Patna. 4.

Shri Ramanand Mahto, the Superintending Engineer, National Highway, Circle, Patna.

5.

Shri Rajeev Kumar, the Executive Engineer, National Highway, East Division, Patna.

6.

Dr. Chandra Shekhar Singh, the District Magistrate, Patna. 7.

Shri Rajeev Kumar, the Executive Engineer, Division, Gaighat, Road Construction Department, Patna.

8.

Ms. Priyanka Kumari, the Assistant Director, Provident Fund, Directorate, Pant Bhawan, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Opposite Party/s :

Mr. Rajeev Shekhar, (AC to GA 13) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-02-2026 Heard Mr. Shailendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rajeev Shekhar, learned AC to GA 13 appearing on behalf of the State.

2. This Court vide order dated 08.05.2023 in CWJC No. 803 of 2023 passed the following order:

"Heard Mr. Shailendra Kumarlearned counsel appearing on behalf of the petitioner, Mr. Amit Prakash- learned G.A. 13

Patna High Court MJC No.2238 of 2023(2) dt.18-02-2026 2/3 appearing for the respondents and Ms. Priyanka Kumari- learned counsel appearing for the Assistant Commissioner (GPF).

2. The Additional Chief Secretary, Finance Department, Government of Bihar is directed to ensure payment of remaining amount of G.P.F., which has not been paid to the petitioner till date.

3. The G.P.F. Officer is present in the Court and she has stated that payment can not be done in want of any deposit made in the account.

4. The Government of Bihar has uploaded the deduction statement of the GPF for the relevant period on the website, for which the petitioner has not been paid.

5. The Additional Chief Secretary, Finance Department, Government of Bihar must ensure the payment and if required, must also take appropriate disciplinary action against those, who has misappropriated including the present Provident Officer, who has refused to make payment at any cost.

6. It is made clear that the Lower Division Clerk and the Head Clerk are responsible for keeping the records and appropriate disciplinary action must be taken against those government officials for having not made available the file relating to the petitioner.

7. The G.P.F. Officer, who is present in the Court, must produce the acknowledgment regarding payment of the remaining GPF amount to the petitioner.

8. In case the payments are not made, the Additional Chief Secretary, Finance Department, Government of Bihar must be present in the Court personally on 08.05.2023 at 10:30 A.M. along with the GPF Officer and the Assistant Provident Officer as well as the concerned Clerk/Clerks of the office.

9. Put up this case on 08.05.2023 among top ten cases at 10:30 A.M.

10. The Additional Chief Secretary, Finance Department, Government of Bihar must furnish action taken report against the Head Clerk and the Lower Division Clerk (LDC), if delay has been caused on their part."

3. A show-cause has been filed stating that the order dated 08.05.2023 has been complied with in its true spirit. It is submitted that the total amount of GPF has been paid to the petitioner in accordance with law, and the petitioner has duly

Patna High Court MJC No.2238 of 2023(2) dt.18-02-2026 3/3 acknowledged the receipt of the same, as would appear from Annexure-C. In this regard, O.P. No. 8 has filed a show-cause along with the payment voucher annexed as Annexure-C. Letter No. 1149 dated 22.09.2023, together with the said payment voucher, has also been enclosed as Annexure-C to the showcause.

4. Considering the aforesaid information, as well as, the fact that the GPF amount has already been credited in the petitioner's account (Annexure-C), the order stands duly complied with. Accordingly, the present contempt petition is consigned. However, the petitioner, if so advised, may file a fresh representation in accordance with law.

(Purnendu Singh, J) Ashishsingh/- U