Kameshwar Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5266 of 2017 ====================================================== Kameshwar Pandit Son of Late Lalu Pandit, resident of Mohalla- Dadpur Chaknur, P.O.- Rohmatpur, P.S.- Mufassil, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Minor Irrigation , Bihar, Patna 2.

The Engineer-in-Chief, Minor Irrigation, Bihar, Patna. null null 3.

The Chief Engineer North Minor Irrigation Department, Muzaffarpur. 4.

The Superintending Engineer, Minor Irrigation Department, Circle, Darbhanga.

5.

The Executive Engineer, Minor Irrigation Division, Samastipur. 6.

The Treasury Officer, Samastipur.

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

For the Petitioner/s :

Mr. Ranjan Kumar For the Respondent/s :

Mr. Shailendra Kumar, AC to PAAG 2 Mr. Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2023 Learned counsel for the petitioner submits that all the dues have been paid to the petitioner except some amount which has been deducted from retiral benefits payable to the petitioner for which the petitioner proposes to file a representation before the respondent no. 5 / Executive Engineer, Minor Irrigation Division, Samastipur in the light of the letter dated 19.08.2013 bearing Memo No. 4350.

Learned counsel for the State referring to letter no. 1766 dated 06.12.2018 (Annexure - D to the supplementary counter affidavit filed on behalf of the respondent nos. 4 to 6)

Patna High Court CWJC No.5266 of 2017(7) dt.24-02-2023 2/2 submits that after deduction the petitioner has been paid the entire admissible amount along with the balance amount of Rs. 14,419/- as mentioned in the aforesaid letter. Accordingly, his submission is that the concerned authority while disposing the representation of the petitiioner may also take note of the letter dated 06.12.2018 bearing Memo No. 1766 ( kept at Annexure -D to the supplementary counter affidavit filed on behalf of the respondent nos. 4 to 6).

In view of the aforesaid submissions, this writ application is disposed with liberty to the petitioner to file a representation before the respondent no. 5 - Executive Engineer, Minor Irrigation Division, Samastipur within a period of four weeks from today and if such representation is filed, the respondent no. 5 shall be obliged to dispose the same in accordance with law by a speaking order within a period of four months from the date of filing of the representation. (Anil Kumar Sinha, J) praful/- U