Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 20264 of 2021 ====================================================== Suresh Prasad S/o Late Pashupati Prasad Resident of Mohalla- Raghunathpur Lala Tola, Ward No.- 8, P.S- Raghunathpur O.P., District- East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Cooperative Department, Patna. 2.

The Bihar State Warehousing Corporation, through its Chairman Cum Secretary, Cooperative Department, B-2, 1st Floor Mauryalok Complex, Patna- 1.

3.

The Managing Director, Bihar State Warehousing Corporation, B-2, 1st Floor Mauryalok Complex, Patna- 1.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayant Kumar Karn, Advocate For the Respondent/s :

Mr.Syed Iqbal Ahmad ( Sc20 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2024 The present writ petition has been filed seeking the following relief:- "A. To set aside Office Order dated 28.03/2018, issued by the Managing Director, Bihar State Warehousing Corporation, Patna as contained in Annexure P/1 whereby the Petitioner was ordered recovery of Rs. 2,32,400.00 from his monthly salary and the rest from his Terminal benefits.

B. To set aside Office Order dated 07/05/2019, issued by the Managing Director Bihar State Warehousing Corporation, Patna as contained in Annexure-P/4, whereby a sum of Rs. 2,37,944.00 has been deducted from terminal benefits of Petitioner.

C. For a direction upon the respondent to refund and

Patna High Court CWJC No. 20264 of 2021(2) dt.21-03-2024 2/2 release the Petitioner his recovered amount from his salary as well as from his terminal benefits alongwith admissible interest thereupon."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 28.03.2018/07.05.2019, passed by the Managing Director, Bihar State Warehousing Corporation, Patna by filing appropriate appeal before the Chairman, the Bihar State Warehousing Corporation. Liberty so sought is granted.

3.

It is needless to state that in case appropriate appeal is filed, within a period of four weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and shall pass a reasoned and a speaking order, in accordance with law, forthwith. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U