SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been preferred by the petitioner against the letter dated 17th February, 1999 (Annexure -13), whereby and where under, the Respondents have directed the petitioner to deposit the Provident Fund amount of 15 employees within seven days, whose names have been shown in the enclosure, which amount was earlier withdrawn with clear stipulation that otherwise F.I.R. will be lodged against the petitioner. Such direction has been given by giving a reference of a writ petition (C.W.J.C. No. 726/97) (Smt. Asha Devi vs. State of Bihar and ors.) disposed of on 29th June, 1998.

(2.) THE brief fact of the case shows that while the petitioner was functioning as clerk in Primary Health Centre, Ram -nagar, Provident Fund amounts of certain employees were withdrawn but not paid in favour of such employees. Subsequently, the petitioner and the Incharge Medical Officer of said Primary Health Centre, both were suspended. Against the order of suspension dated 19th April, 1996, when petitioner moved this Court, the order of suspension was revoked on 12th November, 1997. The petitioner was again placed under suspension on 2nd January, 1998, which was revoked in pursuance of this Court 's order dated 23rd June, 1998 passed in C.W.J.C. No. 3013/98.

(3.) THE stand taken on behalf of the State is that the said order was passed in view of order dated 29th June, 1998, passed in C.W.J.C. No. 726/97 (Asha Devi and ors. vs. State of Bihar and ors.). However, such stand cannot be accepted as from the order dated 29th June, 1998. It will be evident that no direction was given to recover any amount from the petitioner, but the State authorities were directed to take necessary steps for payment of Provident Fund amount to Asha Devi and others, recording the statement as was made by the Civil Surgaon, West Champaran in his counter affidavit.