Shiv Kailash Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.1139 OF 2019

1. Shiv Kailash Singh S/o Late Shri Shiv Pancham Singh Aged About 63 Years Rtired Deputy Superintendent Of Police (Cid) R/o D-304 ,sain Parisar Bilaspur District Bilaspur Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary Home Department Mantralaya Mahanadi Bhawan, Atal Nagar ,Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Director General Of Police (Cid) Raipur District Raipur Chhattisgarh.

3. Additional Director General Of Police (Cid) Raipur ,district Raipur Chhattisgarh.

4. Director Of Treasury And Account Indrawati Bhawan New Raipur District Raipur Chhattisgarh.

5. Accountant General State Of Chhattisgarh Beside Vidhan Sabha Bhawan Raipur District Raipur Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Sumit Singh, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. Advocate General.

For Respondent No.5 :

Shri RK Gupta, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21.02.2019 1.

The limited grievance which the petitioner has raised is that his GPF amount has not been released by the respondents till date. On the contrary, the respondents have issued an order dated 24.01.2018 intimating the petitioner that there is a negative balance of Rs.9,85,970/- to be recovered from the petitioner. 2.

The counsel for the petitioner at this juncture makes a categorical submission that he has instruction to state that the petitioner at no point of time had withdrawn any amount from his GPF account and that according to him, there is a credit balance of over Rs. 12,53,864/- in his GPF account, but the respondents have erroneously shown negative balance of more than nine Lakhs.

3.

Considering the nature of dispute and the relief sought for by the petitioner, this court is of the opinion that as of now ends of justice would meet if the office of the respondent No.5 is directed to call upon the petitioner and re-scrutinize the GPF account of the petitioner with the available records that the petitioner has so far as GPF amount is concerned. Meanwhile, the respondent No.5 shall also call upon the competent officer from the office of the respondent No.1 along with entire service records of the petitioner more particularly the documents pertaining to GPF account of the petitioner and on due verification of the entire records and after giving an opportunity of explanation to the petitioner, a fresh order be passed within an outer limit of four months. 4.

Finally if it is found that the petitioner is entitled for certain amount on GPF head, the same should be released to him forthwith without any further delay.

5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder