MAZIBUR RAHMAN MANSOORI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition though the petitioner superannuated on 31.1.1995 from the service of the Bihar State Agriculture Marketing Board (hereinafter referred to as ''the Board '') while working as Assistant Director, he has not (sic -been ?) paid his post retiral dues despite several orders passed earlier by this Court in different writ petitions. The petitioner has filed the present writ petition seeking appropriate direction to the respondents for payment of the same.

(2.) IT seems that the respondent -Board passed order dated 26.9.1998 as contained in Annexure 'F ' to the supplementary counter affidavit, according to which certain amounts have been found to be recoverable from the petitioner such as a sum of Rs. 2780 as against excess salary drawn by him from 1.9.1991, Rs. 29,215/ - as against the salary which is alleged to have been drawn from two places of his posting from February, 1993 to June, 1993 and a sum of Rs. 65,147/ -pursuant to the audit report which found him and one Junior Engineer responsible for committing fraud in the matter of purchase of hand -pump.

(3.) ACCORDING to Mr. Ojha, learned counsel appearing for the respondent -Board, Rs. 1,30,394/ - was to be recovered from the petitioner for the irregularities committed by him in the matter of purchase of hand -pumps and Rs. 2400/ - was to be recovered from him on account of excess withdrawal towards Travelling Allowance. He submitted that later the Board decided to recover only a sum of Rs. 65,147/ - which is half of the amount relating to hand -pumps and a sum of Rs. 2400/ - towards excess amount of Travelling Allowance drawn by him. However, the Board further found that the amounts of Rs. 37,480/ - and Rs. 29,215/ - are also to be recovered from the petitioner. Lastly he submitted that after examining the records he has been instructed that out of a sum of Rs. 29,215/ - a sum of Rs. 2,875/ - is only recoverable, as the rest amount has been returned by the petitioner. In this regard he referred to Annexure '4/A '. Thus, a total amount now to be recovered from the petitioner is Rs. 40,355/ - and admittedly the Board has to pay a sum of Rs. 57,120/ - towards his pensionary dues besides the remaining amount of G.RR and Rs. 65,147/ - which has been realised from him by the State Government earlier. Accordingly the Board is still required to pay a sum of Rs. 81,912/ - to the petitioner towards his post retiral dues besides the remaining amount of G.RR as has been admitted by the learned counsel for the Board.