KUMARI ABHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) At an initial stage, the applicant who are spouse namely, Kumari Abha, Sheo Shakti Kumar prayed for directing the respondents to open lock put by respondents at the petitioner's residential house , got redressed during midst of pendency of instant writ petition on account of opening of lock by the respondent however, by way of addition of prayer asked for compensation. Because of the fact that the house has now been unlocked by the respondents hence lis lies over question of compensation if so, the quantum thereof.

(2.) Respondents have filed counter affidavit.

(3.) It is evident from respective pleading that one Gyan Krishan Kuliyar, District Welfare Officer was found in possession of unaccountable amount appertaining to Rs.5,87,760/- along with other items on 09-09-2012 and for that Civil Line P.S. Case No.339 of 2012 on the basis of which Special Case No.26 of 2012 (Vigilance) has been registered on the written report of Additional Collector, Gaya. Petitioner Sheo Shakti Kumar, who happens to be Assistant at District Welfare Office, Gaya was perceived actively involved with Gyan Krishan Kuliyar and on account thereof, his house was also intended to be searched and for that purpose when the administrative team gone to his place , it was found locked and on account thereof, another lock was put by the administration to facilitate search. It is also evident that during course thereof absence of Sheo Shakti Kumar from his office was also noticed adverse to his conduct. By way of supplementary affidavit, along with annexures, search and seizure without recovery of any incriminating article has been brought up on record. In likewise manner, absence of petitioner no.2 has also been reasoned.