Anand Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22436 of 2019 ====================================================== Anand Prasad Sinha S/o Late Ram Bhajan Singh, Resident of Village and P.O.- Bhagwanpur Desua, Via- Jitwarpur, P.S.- Ujiarpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Government of Bihar, Registration, Excise and Prohibition Department, Bikas Bhawan, Patna.

3.

The Additional Secretary to the Government of Bihar, Patna. 4.

The Commissioner, Excise, Government of Bihar, Patna- 1. 5.

The Superintendent Excise, West Champaran, Bettiah. 6.

The Accountant General, (A & E), Bihar Patna, Birchand Patel Marg, Patna1. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayant Kumar Karan For the Respondent/s :

Mr. H.S.Roy, A.C. to A.G.

Mr. Ramyash Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2019 Heard both sides.

Learned counsel for the petitioner submits that petitioner retired on 31.07.2001 from the post of S.I.(Excise) from the office of Superintendent of Excise, West Champaran, Bettiah. The petitioner was departmentally proceeded and a departmental proceeding was concluded by submission of the inquiry report on 04.11.1995. The inquiry officer recommended for censor of the petitioner but till date, no order has been passed on the inquiry report. On account of pendency of such inquiry report, the petitioner has not been paid his full retiral

Patna High Court CWJC No.22436 of 2019(2) dt.09-12-2019 2/2 benefits till date. It is further submitted that petitioner filed representation before the Principal Secretary, Govt. of Bihar, Registration, Excise and Prohibition Department on 09.05.2019 and till date the representation has not been decided. Learned counsel for the State submits that direction can be issued to the Principal Secretary, Govt. of Bihar, Registration, Excise and Prohibition Department to dispose of the representation of the petitioner within reasonable period. Having considered the submissions of both sides, I dispose of this writ petition with a direction to the Principal Secretary, Govt. of Bihar, Registration, Excise and Prohibition Department, Patna to dispose of the representation of the petitioner within 45 days from the date of receipt of this order as 10% of the pension amount of the petitioner has been withheld. Accordingly, this writ petition is disposed of. (Prabhat Kumar Jha, J) Saurabh/- U