ASLAM KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioners, who claim to be legal heirs of Late Md. Hasim, who died in harness on 14.3.1988 while posted as Nazir in Makhdumpur Circle Office, Jehanabad, are aggrieved on account of non -release of G.P.F. amount of the deceased employee with up -to -date statutory interest.

(2.) THE notice of this writ petition was given to the learned Advocate General appearing for the State officials including the District Provident Fund Officer, Gaya and Jehanabad on 22.5.2003. When the matter was first taken up on 2nd September, 2003 a counter affidavit was filed on behalf of the District Provident Fund Officer, Jehanabad (respondent no. 4) in which it was pleaded that he has not yet received the deduction statements as well as the final withdrawal Form -73 duly filled in and forwarded by the Drawing and Disbursing Officer concerned, namely, Circle Officer, Makhdumpur where the petitioners father was posted and died while in service. It was further stated that A.G.B.T. has also not been received so far. According to the said respondent, despite sincere efforts made by him so much so that even after personally contacting the Circle Officer, Makhdumpur, he has sent only deduction statement for two years from February, 1986 to February, 1988 vide his Memo No. 570 dated 16.11.2002. In the said counter affidavit it is stated that the District Magistrate, Jehanabad also directed the Circle Officer, Makhdumpur to make available the required papers immediately to the District Provident Fund Officer, Jehanabad vide letter No. 822 dated 7.8.2003.

(3.) THE District Magistrate and the Circle Officer both have personally appeared and filed their respective show cause. The District Magistrate in paragraph 4 of the show cause stated that the Circle Officer, Makhdumpur had submitted letter No. 341 dated 6.9.2003 addressed to him wherein he had stated that he had to be personally present before this Court on 9.9.2003 but he overlooked to see the entire letter of the Circle Officer minutely due to his very busy schedule in conducting the process of election of the Zila Parishad and Panchayat election which were scheduled to be held in the District on 7.9.2003 and 9.9.2003 and conducting of the repoll on 11.9.2003, coupled with the unfortunate death of Srikant Jha, a Polling personnel and very bad law and order situation in the entire district which is extremist infested. He has further admitted that the Circle Officer was sent to Calcutta for the purpose of reprinting of ballot papers. He however, has tendered unqualified apology.