Most. Shakuntala Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 12352 of 2013 ====================================================== Most. Shakuntala Devi, Wife of Late Bhavesh Chandra Jha, Resident of Village - Chandniyan Mor Near Police Station, P.S. Sangrampur, District - Bhagalpur .... .... Petitioner
Versus
1. The State of Bihar
2. The Secretary, Revenue Department, Government of Bihar, Patna
3. The District Magistrate Munger, District - Munger
4. The Circle Officer, Sangrampur, District - Munger
5. The Treasury Officer, Munger, District - Munger .... .... Respondent/s ====================================================== Appearance :
For the Petitioner : Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Respondents : Mr. Kameshwar Kumar, G.P. XVII Mr. Sanjay Kumar, A.C. to G.P. XVII ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and the State. In this case, the petitioner has raised the grievance that the authority concerned has wrongly recovered Rs.26,356/- from the retiral dues of her husband. As per the claim of the petitioner, the husband has taken advance of Rs.31,370/- for repair of the jeep. He has submitted the bill of the aforesaid amount but the authority has found Rs.5,000/- and odd genuine and correct bill that was adjusted and rest amount has been deducted from the retiral dues.
Counsel for the petitioner submits that before deduction no show cause was given to the petitioner even the husband of the petitioner taken advance.
Patna High Court CWJC No.12352 of 2013 (266) dt.21-09-2016 2/2 Rightly the State has adjusted the aforesaid amount and, in such circumstances, there is no need to give any notice for what the husband has taken the advance and when the wife takes benefit she will have to take the liability of her husband. In such view of the matter, this Court does not find any merit in this application which is, accordingly, dismissed. Kundan (Shivaji Pandey, J.) U