LAWS(PAT)-2016-12-52

SUJEET KUMAR SON OF SRI RADHE PRASAD RESIDENT OF MOHALLA Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF HUMAN RESOURCES GOVT. OF BIHAR, PATNA

Decided On December 19, 2016
Sujeet Kumar Son Of Sri Radhe Prasad Resident Of Mohalla Appellant
V/S
The State Of Bihar Through The Principal Secretary, Deptt. Of Human Resources Govt. Of Bihar, Patna Respondents

JUDGEMENT

(1.) The District Magistrate, Nalanda is directed that he will recover a sum of Rupees one lakh from respondent no.4, Baleshwar Prasad Das, because without any justification and reason only with the object of harassing the petitioner, he sat over the payment of salary for almost three years, even though that amount had been released by the State Government, a fact not in dispute. The Court, therefore, opines that the petitioner should be compensated by payment of 8% simple interest on the outstanding dues from the year 2013 till 2016.

(2.) Either respondent no.3 voluntary pays a rounded sum of Rupees one lakh to the petitioner as interest or else the same may be recovered from his salary and paid to the petitioner. The District Magistrate must ensure that the directive is carried out in terms of above.

(3.) The personal presence of respondent no.3 stands dispensed with now.