Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20716 of 2011 ====================================================== Pitambar Nath Jha @ Pitambar Jha S/o Uday Narayan Jha, resident of village Jagarnathpur, Panchayat-Jagarnathpur, P.S. Dandkhora, district- Katihar. .... .... Petitioner Versus 1. The State of Bihar. 2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna. 3. The District Magistrate, Katihar. 4. The Programme Officer, Manrega, Hussainganj Block, District- Katihar. 5. The Sub Divisional Officer, Katihar. 6. The Deputy Development Commissioner, Katihar. 7. The District Cetificate Officer, Katihar. 8. The District Supply Officer, Katihar. 9. The Block Development Officer, Hussainganj, Katihar. 10. Block Supply Officer, Hussainganj, Katihar. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Bimal Kumar, Advocate. For the Respondents : Mr. Harendra Pd. Singh GA8 ====================================================== CORAM: HONOURABLE MR. JUSTICE S.NAYER HUSSAIN ORAL ORDER 2 07-02-2012 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ has been filed by the petitioner for the following reliefs:- (i) For issuance of an appropriate direction, order, writ in the nature of certiorari quashing the Certificate Proceeding vide Certificate Case No.02/2011-12 initiated by the District Certificate Officer, Katihar. Patna High Court CWJC No.20716 of 2011 (2) dt.07-02-2012 2 / 3 2 (ii) For further holding and declaring that the said Certificate Proceeding initiated against the petitioner is per se illegal, arbitrary in law as well as on facts. (iii) For further issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondents to withdraw the said proceeding which has been initiated at the instance of the CAG report to absorb their responsibility for said omission and commission on their part. (iv) For any other appropriate relief/reliefs to which the petitioner may be found entitled in the facts and circumstances of the case. 3. Learned counsel for the petitioner submits that the aforesaid Certificate Proceeding Case No. 02/2011-12 has been initiated by the District Certificate Officer, Katihar against the petitioner and for the same reasons F.I.R. has been lodged bearing Dandkhora P.S. Case No. 99 of 2011 for the offences punishable under [STATUTE] . He further submits that after receiving notice under Section 7 of the Bihar and Orissa Public Demand Recovery Act 1914 with respect to the aforesaid Certificate Case, the petitioner has already filed his objection under Section 9 of the Act. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to the petitioner to approach the District Certificate Officer Katihar (respondent no. Patna High Court CWJC No.20716 of 2011 (2) dt.07-02-2012 3 / 3 3 7) along with a copy of his aforesaid objection as well as a copy of this order within 15 days from today, whereafter the said District Certificate Officer, Katihar shall consider the same in accordance with law and shall decide it by a speaking order expeditiously. If petitioner is aggrieved by the said order, he will be entitled to challenge the same before an appropriate forum provided under the Act. 5. Till the decision of the petitioner’s objection under Section 9 of the Act, no coercive action, including arrest, shall be taken against the petitioner. Sunil/- (S. Nayer Hussain, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.