Research › Search › Judgment

Jharkhand High Court · body

2009 DIGILAW 761 (JHR)

Arun Kumar Keshari v. Managing Director, Mineral Area Development Authority, Dhanbad

2009-05-13

D.N.PATEL

body2009
Order Learned counsel appearing for the petitioner submitted that the petitioner is in need of an amount from his General Provident Fund Account as well as from the accrued unpaid arrears of salary, for the period running from June, 2008 to March, 2009, mainly for the reasons, that the daughter of the present petitioner has now graduated in Engineering and is now in need of getting admission in Master of Business Administration Course, and, therefore, for payment of the fees, in a private college, the aforesaid amount is in need of. 2. It is also submitted by the counsel for the petitioner that earlier also the respondents had never given any advance and, therefore, a writ petition bearing W.P.(S) No. 3084 of 2007 was preferred by this Court, because his son had got admission in a particular faculty, and by order of this Court, a non-refundable amount was given to the tune of Rs. 1.5 Lakhs from the G.P.F. account of the petitioner. Similarly, an amount of Rs. 88,000/- has also been paid to the petitioner from his G.P.F. account, which was also a non-refundable amount. 3. But, now an affidavit has been filed by respondent no. 2, in this matter, that only an amount of Rs. 95,000/- is lying in the G.P.F. account of the petitioner. This is a gross error, matching with the earlier affidavit, filed in W.P.(S) No. 3084 of 2007, wherein, statement was made that the G.P.F. account of the petitioner is having approximately Rs. 4.35 Lakhs. Thereafter, Rs. 1.5 Lakhs was given to the petitioner from the said G.P.F. account. Thereafter, again an amount of Rs. 88,000/- was given to the petitioner. 4. Thus, it is submitted by the counsel for the petitioner that there is a gross error on the part of respondent no. 2, in filing affidavit, and correct figure is not reflected in the G.P.F. account of the present petitioner. 5. In view of these facts, I hereby direct the petitioner to deposit Rs. 5,000/- (five thousand) before this Court, within a period of ten days from today. Learned counsel for the petitioner assures this Court that it shall be deposited within time. Upon this assurance, I hereby request the Accountant General, Jharkhand, Ranchi, who is being represented through Mr. 5. In view of these facts, I hereby direct the petitioner to deposit Rs. 5,000/- (five thousand) before this Court, within a period of ten days from today. Learned counsel for the petitioner assures this Court that it shall be deposited within time. Upon this assurance, I hereby request the Accountant General, Jharkhand, Ranchi, who is being represented through Mr. S. Shrivastava, learned counsel, that all the records of the petitioner will be seen and perused by him or by his legality appointed officer, who is competent enough, who can also call for any details from the respondents, so that a report may be given to this Court on or before the next date of hearing, as to what is the amount, lying in the G.P.F. account of the present petitioner. 6. I also direct the petitioner as well as respondents to give all cooperation to the office of the Accountant General or to the officer, appointed by the Accountant General, and without any delay, all the required records will be supplied, so that the aforesaid report may be given by the office of the Accountant General to this Court, on the next date of hearing. Tentatively, as on today, the petitioner will supply a copy of the writ petition and also the affidavit(s), filed in W.P.(S) No. 3084 of 2007, which are already annexed with the memo of the present petition. Petitioner will also supply the copy of the counter affidavit, filed by respondent no. 2. Over and above, if any document is needed, the office of the Accountant General is at liberty to call for the same, either from the petitioner or from the respondents. I hereby direct respondent no. 2 to appoint any responsible officer or, at least, Accounts' Officer, who will attend the office of the Accountant General and will supply all necessary details. Likewise, the petitioner will also approach the office of the Accountant General, so that no time is wasted in correspondence. I therefore, direct respondent no. 2 and the petitioner both to approach themselves or through somebody to the office of the Accountant General on May 18, 2009 at 10.30 a.m. and, thereafter, the office of the Accountant General will give them proper time to call for any further details or for better understanding of the issue. 7. I therefore, direct respondent no. 2 and the petitioner both to approach themselves or through somebody to the office of the Accountant General on May 18, 2009 at 10.30 a.m. and, thereafter, the office of the Accountant General will give them proper time to call for any further details or for better understanding of the issue. 7. Let a copy of this order be supplied by the Registry of this Court to Mr. S. Shrivastava, learned counsel. I expect the report from the office of the Accountant General, tentatively on May 27, 2009. This matter is adjourned on May 27, 2009. 8. I also direct the Registry of this Court to give photo state copies of all the papers of this writ petition, except the order-sheets, to Mr. S. Shrivastava, learned counsel appearing on behalf of the Accountant General. I further direct the Registry of this Court to print the name of Mr. S. Shrivastava, learned counsel appearing on behalf of the Accountant General, on the Board, on the next date of hearing.