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Patna High CourtCWJC/5674/2018dfd for non appearance

Deoki Paswan v. The State Of Bihar And ORS

2023-09-27Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5674 of 2018 ====================================================== Deoki Paswan Son of Late Jaimangal Paswan, Resident of Village-Deshna, P.S.-Asthawan, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Prohibition, Excise and Registration Department, Government of BIhar Patna.

3.

The Special Secretary, Prohibition, Excise and Registration department, Government of Bihar, Patna.

4.

The Commissioner of Excise and Prohibition Department, Government of Bihar, Patna.

5.

The Assistant Commissioner, of Excise and Prohibition Department, Government of BIhar, Patna.

6.

The Excise Superintendent of Excise and Prohibition Department, Government of BIhar, Patna.

7.

The Accountant General, A and E, Bihar, Patna. 8.

The Branch Manager, Punjab National Bank, B.O.-Asthawan 095900, Nalanda, Bihar.

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

For the Petitioner/s :

None.

For the Respondent/s :

Mr. A.K. Sinha- GA-1 For the PNB :

Mr. Mrityunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-09-2023 No one appears on behalf of the petitioner although learned Counsel for the Punjab National Bank is present.

2. This application has been preferred for issuance of an appropriate writ in the nature of mandamus/certiorari for quashing the letter dated 20.2.2018 contained in Annexure-1) issued by under the signature of respondent no.8 and for a direction to the respondent no.8 not to deduct Rupees five

Patna High Court CWJC No.5674 of 2018(3) dt.27-09-2023 2/2 thousand per month from the pension of the petitioner on the ground that earlier excess amount has been paid because the respondent no.8 without giving any notice or any opportunity or information to raise objection to the petitioner and started deduction of Rupees five thousand per month from the pension of the petitioner which has caused serious injustice and mental and economic harassment. The act of the respondent no.8 is apparently violative of the principle of natural justice.

3. A counter affidavit has been filed on behalf of the Bank detailing out the case leading to the order.

4. Since no one has appeared, the petition stands dismissed for non-prosecution.

(Rajiv Roy, J) kiran/- U