SECRETARY Vs. BELAL MISHRA

JUDGEMENT

(1.) The Secretary, Regulated Market Committee has filed this appeal against an order dtd. 7/3/2013, passed by the learned Single Judge allowing W.P.(C) No.16075 of 2013 filed by the Respondent No.1, challenging the action of the Appellant in not disbursing his retiral benefits after retirement from his post of the Yard Man on 31/10/2008.

(2.) The background facts are that the Respondent No.1 was working as Yard Man in the Regulated Market Committee (RMC), Dungripali in the district of Sonepur (the present Appellant). An audit was conducted in 1995-96 and an audit report was submitted on 19/12/1997. It was mentioned in the report that on account of the non-submission of the documents and non-cooperation of the Secretary of the RMC, the audit could not materialize.

(3.) On the basis of the said report, the present Appellant filed G.R. Case No.46 of 1996 under Sec. 409 IPC. The case was investigated. A final report was submitted by the Investigating Officer, finding no case against the Respondent No.1.