Pankaj Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15267 of 2017 =========================================================== Pankaj Kumar Singh, S/o Late Ram Bahore Singh, Resident of Village- Prithvipur, P.S.- Sureri, District- Joanpur (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Patna Range, Patna.

2. The Commissioner, Patna Range, Patna.

3. The District Magistrate, Buxar.

4. The Deputy Collector, Establishment, Buxar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shrawan Kumar, Adv Mr. Praveen Kumar, Adv.

For the Respondent/s : Mr. Md. Nadeem Seraj, GP-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 23-11-2017 Heard Mr. Shrawan Kumar, learned counsel appearing for the petitioner and Mr. Md. Nadeem Seraj, learned Government Pleader No.5 for the State.

The petitioner prays for payment of subsistence allowance but the problem is that his official bank account has been freezed as informed by Mr. Seraj, learned Government Pleader No.5 in reference to Annexure-1. In fact it is for this reason that Annexure1 was issued, to provide an alternative account or open fresh account but the other problem is that the petitioner is in custody. It is in these circumstances that the petitioner has filed an application before the Establishment Deputy Collector, Buxar to transmit his subsistence allowance in the bank account of his wife namely,

Patna High Court CWJC No.15267 of 2017 dt.23-11-2017 Sarita Singh, the details of which are present at Annexure 2 to the writ petition.

In the peculiar circumstances existing I deem it proper to dispose of the writ petition with a liberty to the wife of the petitioner to appear before the District Magistrate, Buxar together with the documents supporting her status as legally wedded wife of the petitioner as well as her bank account, the details of which are present in the application of the petitioner at Annexure 2 and on satisfaction being gathered let appropriate order be passed by the authority concerned for payment of subsistence allowance of the petitioner within four weeks from the date of filing of such representation.

The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2017 Transmission Date NA