AWADHESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, prayer is to issue a writ of mandamus or any other appropriate writ or direction commanding the Respondents to pay the petitioner the amount deposited in the G.P.F. accounts with interest @ 18%, interest at market rate on delayed payment of post -retirement benefits, namely, pension, gratuity, leave encashment and to quash that part of the impugned order dated 9 -3 -1999, contained in Annexure -1, whereby and whereunder a sum of Rs. 49,844.50 from the amount of unutilised earned leave salary has been deducted. Petitioner has filed application for amendment in which he has challenged the validity of the order dated 4 -11 -1999 (Annexure -23) rejecting his representation dated 7 -6 -1999 against the impugned order dated 9 -3 -1999 (Annexure -1).

(2.) IN short, the relevant facts are that the petitioner retired from the post of Registrar, Finance Department with effect from 31 -1 -1995 and submitted his relevant papers for payment of post -retirement benefits in November, 1995 to which there was no response for more than four years, but finally was paid the amount of pension, gratuity, leave encashment in the month of June, 1999 and the amount of G.P.F. in the year 2000, that too after deducting Rs. 49,844.50 from the sanctioned amount of unutilised earned leave. It appears that prior to his promotion as Registrars the petitioner was posted as Section Officer -cum -Cashier from 17 -8 -1989 to 28 -2 -1994. On his promotion he did not hand over the charge of Rs. 4,41,497.25 to his successor. As a result thereof an F.I.R. was lodged against him on 7 -6 -1995 in Secretariat Police Station for the charges of financial theft and mismanagement. He moved the District and Sessions Judge, Patna for grant of Anticipatory Bail in which the Court vide its order dated 3 -7 -1995 directed him to. explain the alleged financial theft and mismanagement to the Finance Department. The petitioner was accordingly asked to hand over the charge of Rs. 4,41,497.25 vide letter No. 3565 dated 18 -7 -1995 by the Finance Department and he was again reminded about the same vide letter No. 4155 dated 19 -8 -1995. Petitioner submitted records and vouchers against Rs. 4,41,597.25 on 2 -9 -1995 and after thorough perusal of the records and vouchers final decision in the matter was taken on 17 -4 -97 and 15 -10 -98 and it was found that Rs. 49,844.50 was to be paid by the petitioner. He submitted an application against this decision on 7 -6 -1999 which has been rejected after due consideration and communicated to him vide order impugned in the amendment application as Annexure -23.

(3.) FROM the counter affidavits filed on behalf of the Respondents, it appears that the matter with regard to release of the pensionary dues of the petitioner remained pending on account of charge against the petitioner for the above -mentioned financial theft and mismanagment and ultimately the Finance Department forwarded the application for withdrawal of G.P.F. vide letter No. 8074 dated 11 -12 -1999 (Annexure -A) and soon -thereafter the calculation of G.P.F. was done with admissible up -to -date statutory interest and an authority slip for the relevant amount of Rs. 4,41,317 was issued vide letter No. 275 dated 15 -2 -2000 (Annexure -B series). As regards other dues, it is contended that the said payment has been delayed because the petitioner did not submit the accounts to the Government on time. It is further contended that the amount of Rs. 49,844.50 was due against him which has bee.n recovered from the amount against unutilised earned leave.