Tripurari Prasad Gupta v. District Provident Fund Officer, Patna
1997-01-16
R.M.PRASAD
body1997
DigiLaw.ai
Judgment R. M. Prasad, J. 1. It is really shocking that though the petitioner superannuated from service of the State government while serving in Pakuria anchal long back in the year 1991, the entire G. P. F. amount has not been paid to him till date. The petitioner having left with no option moved this court as far back as on 6-12-95 by serving two copies of the writ-petition on the learned Counsel for the State and the learned Standing Counsel for the central Government appearing for the accountant-General, Bihar. 2. A counter affidavit has been filed on behalf of the District Provident fund Officer, as well as the District magistrate, Sahebganj (respondent Nos.1 and 2) from which it appears that authority slip for only part-payment of the G. P. F. account has been issued on the basis of his G. P. F. amount from the accountant-Generals office, where it used to be maintained till 1982. 3. Mr. Agrawal, Learned Standing counsel on instructions from the respondents submits that the details of the deposit in the G. P. F. account of the petitioner are being calculated. This submission of Mr. Agrawal is really shocking. Earlier this Court repeatedly ordered that the State Counsel should get up-to-date instructions in the pending matters from the respondents and the respondents shall give instructions to their Learned Counsel after complying all the formalities and necessary sanction order/authority slip for payment of such dues shall also be filed, whereafter Learned Counsel for the respondents shall get such matter listed under the heading "to be mentioned" for disposal. Learned Advocate-General had also assured but no action in that direction has been taken and even after listing of the matters after more than a year such pleas are taken on behalf of respondents. 4. The Chief Secretary, Bihar who had personally appeared before this court had informed that directions of this court have been circulated to all the authorities concerned for its strict compliance. Still I find that in most of the cases the authorities concerned have not bothered to give up-to-date instructions by filing affidavit along with necessary sanction order/authority slip for payment of post-retiral dues. This attitude of the respondents-authorities is reprehensive and deserves to be depri-cated. 5.
Still I find that in most of the cases the authorities concerned have not bothered to give up-to-date instructions by filing affidavit along with necessary sanction order/authority slip for payment of post-retiral dues. This attitude of the respondents-authorities is reprehensive and deserves to be depri-cated. 5. However, it is hereby directed that respondents-authorities in the pending post-retiral matters in this court must send instructions to their learned Counsel regarding finalisation of the post-retiral dues and also produce the necessary sanction order and/or authority letter/slip with respect to the admitted dues and further file reasons recorded for denying any claim within one month, failing which this court shall consider to initiate contempt proceeding against the concerned respondents and punish them adequately. 6. The Chief Secretary is directed to circulate this order to all the concerned authorities dealing with the post retiral matters and he should see that the general directions of this court are strictly complied by the concerned authorities and in case of non-compliance, necessary action should be taken against such authorities by placing them under suspension and initiating departmental proceedings. 7. The respondent Nos.1 and 2 who are represented by Mr. Agrawal, learned Standing Counsel are directed to show cause why a proceeding in contempt be not initiated and they be not punished for non-compliance of the general directions of this Court. 8. As prayed by Mr. Agrawal, learned standing Counsel, put up this matter on 28th January, 1997. In the meantime. The show cause must be filed by the said respondents by serving a copy of the same on the Learned Counsel for the petitioner. 9. The respondent Nos.1 and 2 are directed to personally appear before this court on 28th January, 1997. 10. Let a copy of this order be comunicated to the Chief Secretary, government of Bihar for its strict compliance forthwith. A copy of this order may also be supplied to the Learned advocate-General and the Addl. Advocate-General for appropriate action. Order Accordingly.