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2000 DIGILAW 467 (PAT)

Ramesha Nand Jha v. State of Bihar

2000-03-24

R.N.PRASAD

body2000
ORDER In this writ petition the petitioner, who retired while working as In-charge Headmaster, R.K. High School, Azam Nagar, Katihar on 31.1.1997, is aggrieved by the action of the Treasury Officer, Banka (respondent no.5), who, despite issuance of D.C.R. Gratuity payment order by the Accountant General on 20.3.1998, contained in Annexure 7, has not paid the said amount to him. It is submitted that the petitioner obtained no outstanding Government dues certificates vide Annexure 2 and 3 and submitted the same along with the pension papers. Despite service of notice long back on 25.6.99, no counter affidavit has been filed on behalf of the Treasury Officer, Banka. In the counter affidavit filed on behalf of the Accountant General it is submitted that the authority slip, contained in Annexure 1, was issued. Learned counsel for the petitioner has submitted that the Treasury officer, Banka is harassing the petitioner mala fide as a criminal case was lodged by him against the staff of the Treasury and concerned Bank official for fraudulent withdrawal of Rs. 42, 930/-, vide Annexure 1. In the facts and circumstances aforementioned, this Court fails to appreciate as to how the Treasury Officer can withhold the payment after issuance of D.C.R. Grauity Payment Order by the Accountant General, Bihar, Patna when even the conditions mentioned in the said order were complied by the petitioner at the time of submission of pension papers. This clearly shows that the Treasury Officer, Banka is acting mala fide unnecessarily harassing the petitioner even after issuance of authority slip with respect to D.C.R. Gratuity Payment Order on 20th March, 1998. Under such circumstances, this Court directs the Treasury. Officer, Banka (respondent no.5) to pay the said amount forthwith on receipt of a copy of this order, failing which he shall not draw his salary and other allowances till the payments are made. In the facts and circumstances, aforementioned, this Court finds it to be a fit case for awarding penal interest at the rate of 10% per annum on the said D.C.R.G. amount from the date of issuance of authority slip till the payment is actually made, which shall also be calculated and paid within two weeks. The said amount of interest shall be paid recovered from the respondent no.5. The petitioner, in the facts and circumstances, shall also be entitled for cost of Rs. The said amount of interest shall be paid recovered from the respondent no.5. The petitioner, in the facts and circumstances, shall also be entitled for cost of Rs. 1,000/- (one thousand), which shall also be paid by respondent no.5 from his own pocket to the petitioner within the aforesaid time. The writ application is, accordingly, disposed of.