Surendra Prasad Singh v. Mr. Vijay Kumar Singh,The Chairman, Bihar Cooperative Land Development Bank,Budha Marg Patna And O

Patna High Court MJC No.999 of 2015 (4) dt.02-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.999 of 2015 In Civil Writ Jurisdiction Case No. 18433 of 2014 ====================================================== Surendra Prasad Singh, Son of Sri Saryu Singh, resident of village & P.O. - Danwar, Police Station - Kachchwa, District- Rohtas (Sasaram), at present resident of Mohalla- Magadh Colony, Road No. 15, Gaya, P.S.-Magadh Medical, Gaya. .... .... Petitioner

Versus

1. The Chairman, Bihar Cooperative Land Development Bank, Budha Marg , Patna-800 001.

2. Shri Binod Prasad Singh, The Managing Director, Bihar Cooperative Land Development Bank, Budha Marg , Patna-800 001

3. Shri Ajit Kumar Singh, The Area Manager, Bihar Cooperative Land Development Bank, Budha Marg , Patna-800 001

4. Shri Dharmendra Kumar Singh, The Branch manager, Bihar Cooperative Land Development Bank, Korha Branch, Katihar

5. Shri Vijay Kumar Singh, Area Manager, Bihar Cooperative Land Development Bank, Gaya

6. Shri Binod Prasad Singh, The convener, Board of Trustee, the Bihar Cooperative Land Development Bank, Budha Marg , Patna-800 001A.

7. Shri A.K.Sinha, the Chief Secretary, Govt. of Bihar, Patna.

8. Shri R.S. Pradhan, Secretary, Cooperative Department, Bihar, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Umesh Kumar, Advocate For the Respondents : Mr. Kinkar Kumar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 02-09-2015 Instant contempt petition has been filed against noncompliance of order dated 20.11.2014, passed in C.W.J.C.No. 18433 of 2014.

The petitioner submits that he filed representation for payment of his dues, still he has not been paid the same. Show cause has been filed on behalf of the Land Development Bank. In para 7 of the counter affidavit it states

Patna High Court MJC No.999 of 2015 (4) dt.02-09-2015 that the petitioner has been dismissed form service in a regular departmental proceeding and he is at liberty to withdraw the entire amount of his provident fund. He should apply in proper format which would be forwarded to the Regional Provident Fund Commissioner for the payment.

In my view, the respondents ought to have communicated this to the petitioner in writing.

If the petitioner applies for provident fund amount in appropriate form, the same would be forwarded by the Land Development Bank forthwith to the Regional Provident Fund Commissioner for its payment. The Land Development Bank would also pay the other admitted dues without delay. (Samarendra Pratap Singh, J) Shashi.

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