Research › Browse › Judgment

Patna High Court · body

1999 DIGILAW 837 (PAT)

Sheo Shankar Singh v. State Of Bihar

1999-08-31

RADHA MOHAN PRASAD

body1999
Judgment 1. Vide order dated 24.8.1999, the matter was adjourned for its listing today, mean while the petitioner was directed to file an affidavit as to whether the payment of the remaining amount of Provident Fund dues has been made or not and the State Counsel was directed to take instruction from the concerned B.D.O., Jagdishpur, Bhojpur and also to file an affidavit on his behalf as to whether the said payment has been made on not. The authority letter produced by the learned counsel was directed to be returned to him for its filing along with the affidavit of the B.D.O. 2. It is stated by the learned State Counsel that on 24.8.99 itself the District Magistrate, Bhojpur was informed about the said order and was requested to apprise about it to the concerned B.D.O., but till date no instruction has been received from him. 3. A supplementary affidavit has been filed on behalf of the petitioner, in which it is stated that though the remaining part of the Provident Fund has been sanctioned by the authority, but no payment of even a single paise of the General Provident Fund amount has been made till date. In paragraph 8 it is stated that the petitioner visited the Block Office, Jagdishpur and the Head- Clerk of the Jagdishpur Block informed him that B.D.O. has gone to Arrah in connection with Parliamentary Election work and asked the petitioner to visit after Parliamentary election and only then he would say definitely about the General Provident Fund amount. 4. This Court vide order dated 17.5.99 directed the Respondents to file counter affidavit as regards the payment of G.P.F. dues of the petitioner who super annuated from service on 30th April, 1993. It was further stated that if the admitted dues as regards to above will not be paid before the matter is listed next time, this Court will take it seriously and will consider to award heavy interest and cost. Thereafter the matter was listed on several times and on 22.7.1999 the District Provident Fund Officer, Bhojpur appeared in person, pursuant to the order dated 20.7.1999. Thereafter the matter was listed on several times and on 22.7.1999 the District Provident Fund Officer, Bhojpur appeared in person, pursuant to the order dated 20.7.1999. As it was stated by him that he joined the said post only on 12th July, 1999 and that fact regarding the pendency of the matter was not brought to his notice by his office, this Court took lenient view and further adjourned the matter for the next week and mean while directed that the entire calculation of the provident fund dues must be made and necessary payment must be brought before this Court on record. 5. In the counter affidavit filed on behalf of the District Provident Fund Officer- Respondent no.3 on 29.7.99 it was alleged that letters and reminders were sent to the Block Development Officer, Jagdishpur requesting him to furnish the statement regarding credit and debit statement of the petitioner, but till date nothing has been received from him. In the supplementary counter affidavit filed on behalf of Respondent no.3 on 5.8.1999 the said facts were reiterated and further stated that vide letter no. 1644 dated 30.7.1999 Respondent no.3 informed the Collector, Bhojpur that in spite of letters and reminders B.D.O., Jagdishpur is not furnishing the deductions statements. In paragraph 7 of the said affidavit, it was stated that the Collector, Bhojpur on the same day vide letter no. 1027 dated 30.7.99 (Annexure-F) asked for explanation from the B.D.O. Jagdishpur as to why suitable action be not taken against him for deliberate and negligent action. After looking to the said affidavit, this Court vide order dated 5.8.99 permitted the District Magistrate to be added as Respondent no. 5 and further directed him to file affidavit as regards the action taken against the B.D.O., Jagdishpur, pursuant to Annexure-F. Block Development Officer, Jagdishpur is Respondent no.4, but no counter affidavit has been filed on his behalf. 6. In the counter affidavit filed on behalf of District Magistrate, it is stated that the deduction statements of G.P.F. for the remaining period has been received from the concerned authority and the same has been sanctioned. The authority slip for withdrawal will be issued within two to three days. After payment of this amount nothing remains to be paid to the petitioner. The authority slip for withdrawal will be issued within two to three days. After payment of this amount nothing remains to be paid to the petitioner. It is further stated that from the said fact it is clear that the District Magistrate has taken prompt action against the erring B.D.O. and recommended for taking action against him. Despite this, this Court finds that the petitioners grievance has not been redressed till date and only an attempt has been made to mis-lead this Court by stating that sanction orders and authority slip have been issued and after payment of the amount of Provident Fund nothing remains to be paid to the petitioner. 7. Under such circumstances, this Court is of the view that the Respondents are liable to be saddled with exemplary cost of Rs. 20,000/- which shall be paid to the petitioner along with the dues with statutory interest within two weeks of the receipt/production of a copy of this order and the amount of the cost shall be realised from the Officer concerned on account of whose default the payments have not been made so far. The State of Bihar, through the Secretary, Rural Development Department is directed to see that the payment aforementioned is made to the petitioner within the aforesaid time. 8. This application is accordingly disposed of.