Patna High Court - Orders
Ashutosh Sharan vs The State Of Bihar Through The ... on 10 January, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13645 of 2021
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Ashutosh Sharan S/o Late Ramnarayan Sharan Resident of Mohalla -
Bharatmilap Chowk, District- Chapra at Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of SC/ST Welfare,
Government of Bihar, New Secretariat, Patna.
2. The Director, Department of SC/ST Welfare, Govt. of Bihar, Patna.
3. The Accountant General, Bihar, Patna.
4. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
5. The District Magistrate, West Champaran, at Bettiah.
6. The Deputy Director, Welfare SC/ST, Tirhut Division, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Gyan Prakash Ojha, ( GA-7 )
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 10-01-2023No one appeared on behalf of the petitioner.
Learned counsel for the State Mr. Prashant Pratap, GP-2 appeared along with Mr. Ashit Kumar, AC to GP-2.
It has been submitted by counsel for State that the content of the order dated 03.01.2023 is not related to the present case.
Due to inadvertence, the content of the order dated 03.01.2023 of this case which is CWJC no. 13645 of 2021, has been typed in the order sheet of CWJC no. 13623 of 2021 and similarly the content of CWJC no. 13623 of 2021 has been typed in the order sheet of CWJC no. 13645 of 2021. Therefore, Patna High Court CWJC No.13645 of 2021(4) dt.10-01-2023 2/3 it may be requested to recall the said order and fresh order may be requested to be passed.
I found that the submission made by the counsel for the State is correct, therefore, order dated 03.01.2023 passed in the present case is hereby recalled.
No one appears on behalf of petitioner, and learned counsel for the State appeared.
Learned counsel for the State submits that petitioner is not entitled for any relief as made in the present writ application. He further submits that petitioner was subjected to departmental proceeding, in which, final decision has come which is annexed as Annexure-C, by which, punishment of withholding full pension has been imposed. He also submits that petitioner is also not entitled for any gratuity amount as per Rule 27 of Bihar Pension Rules, since according to said Rule the pension includes gratuity. He further submits that order has also been passed to withhold the leave encashment till conclusion of criminal case of financial embezzlement is pending against him. He also submits that the amount of G.P.F. and group insurance has already been sanctioned.
Learned counsel for the respondent also relied upon a judgment rendered in the case of Arvind Kumar Vs. State of Patna High Court CWJC No.13645 of 2021(4) dt.10-01-2023 3/3 Bihar reported in 2018 (2) PLJR 933 with regard to mode of withholding the leave encashment of a government employee.
In this view of the matter, a last opportunity is hereby granted to the petitioner to defend on the next date fixed i.e. on 16.01.2023.
If on the said date learned counsel for the petitioner shall not appear, appropriate orders shall be passed.
(Dr. Anshuman, J.) ashishsingh/-
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