Patna High CourtCWJC/7193/2018disposed

Purooshottam Nath Singh v. The State Of Bihar And ORS

2018-04-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7193 of 2018 ====================================================== Purooshottam Nath Singh Son of late Kapil Deo Singh Resident of Village +Post Office- Mahua, Police Station- Baikunthpur, District- Gopalganj, Retired while working as Headmaster Govt. Primary School Ujjain, BlockBasantpur-2, (Now Lakri Nabiganj), District- Siwan. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The Director, Primary Education, Bihar, Patna.

5. The District Magistrate, Siwan.

6. The District Education Officer, Siwan.

7. The District Programme Officer(Establishment), Siwan.

8. The Block Education Officer, Lakri Nabiganj, District- Siwan.

9. The District Accounts Officer, Siwan.

10. The District Treasury Officer, Siwan.

11. The Headmaster Cum Drawing & Disbursing Officer, Govt. Primary School, Ujjain, Anchal- Lakri Nabiganj, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. Madanjeet Kumar- Gp20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-04-2018 Learned counsel for the petitioner is permitted to make necessary correction in typing error in Annexure-6. Heard learned counsel for the petitioner and the State. The controversy involved in the present writ petition lies in a narrow compass. Vide Annexure-2 the petitioner was granted permission to cross the efficiency bar in terms of Finance Department Circular No. 3244 dated 2.6.1999 way back on 12th November, 2001 yet the respondents have acted contrary thereto and on 14.10.2006, the District Programme Officer

Patna High Court CWJC No.7193 of 2018(2) dt.23-04-2018 2/2 issued letter addressed to the Drawing and Disbursing Officer and as a result of their inaction the petitioner is suffering dues of payment.

In view of the fact that the District Programme Officer has issued direction to the Drawing and Disbursing Officer, which covers the grievance of the petitioner, the present writ petition is disposed of with direction to the District Programme Officer, Siwan to see that the direction issued vide letter no. 4099 dated 14.10.2016 is implemented in its true letter and spirit. The erring officer may be taken to task even by taking coercive action against such erring officer including the Drawing and Disbursing Officer. The respondent- District Programme Officer, Siwan is required to ensure compliance of letter no. 4099 dated 14.10.2016 within a period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U