Avadh Ram Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5679 of 2019 Avadh Ram Sahu S/o Late Shri Itwari Ram Sahu Aged About 63 Years R/o House No. 115, Ward No. 1, Near Chhattisgarh Gramin Bank, Village Tumgaon, District Mahasamund Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. Director Director Of Health And Family Welfare, Indrawati Bhawan, Naya Raipur, Chhattisgarh

3. Chief Medical And Health Officer District Mahasamund Chhattisgarh.

4. Accountant General (Accountant And Entitlements) Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur Chhattisgarh ---Respondents For Petitioner :

Mr. Abhyuday Singh, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

For Respondent No.4 :

Ms. Purnima Singh, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 05/08/2019 1.

The challenge in the present writ petition is to the order Annexure P/1 dated 20.04.2018. Vide the said order the office of the respondent No.4 has shown a negative balance in the GPF account of the petitioner to the tune of Rs.2,45,950/-.

2.

According to the petitioner, the Department under which the petitioner was working i.e. the respondent No.3 has themselves made correspondence with the respondent No.4 intimating the respondent No.4 that there have been erroneous withdrawals shown in the GPF account of the petitioner, whereas no such withdrawal has been made and therefore an appropriate order be passed by the respondent No.4. Though repeated letters have

-2been issued by the respondent No.3, no further order has been passed by the respondent No.4.

3.

Given the aforesaid facts that the matter pertains to the GPF amount and which could be settled only after thorough verification of the records maintained under the respondent No.3 as well as the records maintained at the office of the respondent No.4, let the respondent No.4 call upon the entire records available with the respondent No.3, so far as the GPF account of the petitioner is concerned. The respondents shall also call upon the petitioner for a personal hearing, while deciding his claim and thereafter in the light of the correspondence made by the Department, pass a fresh order. In case if the Department would not be able to show any withdrawals made by the petitioner from his GPF account, the petitioner cannot be put to loss. The respondents are expected to release the amount payable to the petitioner.

4.

Let a final decision be taken by the respondent No.4 after due verification of the records within a period of 90 days from the date of receipt of the copy of this order.

5.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved