IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15723 of 2005 HRIDAYA NARAIN SINGH Versus THE STATE OF BIHAR & ORS ----------- 09/ 30.04.2010 Heard Mr. Kamlesh Kumar for the petitioner, Mr. Hari Shankar Rai, learned assisting counsel to A.A.G. 2 for the State and Mr. S.M. Ehtesham for the Accountant General. The petitioner superannuated from the post of Panchayat Sewak, Hilsa Block in the district of Nalanda with effect from 30.9.2002 while undergoing suspension. The writ petition was filed for payment of the post retiral and other dues. A counter affidavit was filed on behalf of the respondents in which it was stated that the entire admissible dues of the petitioner towards G.P.F., group insurance and pension have been paid to him and that the petitioner has also been paid regular salary until 24.6.1999. It is next stated that the subsistence allowance has been paid to the petitioner from 25.06.1999 until the date of superannuation. The salary amount for the period the petitioner remained under suspension has since been paid to him through Bill No. 75/05-06 dated 30.10.2005 for an amount of Rs. 63,394/- and also for an amount of Rs. 1,36,820/- vide Bill No. 78/05-06 dated 14.10.2005. Learned counsel for the State thus submits that no grievance subsists as regarding the salary for the period under suspension - 2 - undergone by the petitioner also towards the arrears of salary from 01.04.1997 onwards. The petitioner has also raised an issue of payment of unutilized leave salary but the respondent enclosing a leave account of the petitioner vide Annexure-D to the supplementary counter affidavit filed in the proceedings, submits that as no leave balance remained in the account of the petitioner, hence he is not entitled to the said amount. In the circumstances discussed above, the only grievance/claim of the petitioner which subsists as of today is the gratuity amount which has been withheld on pretext of certain advances said to be outstanding against the petitioner. In the supplementary counter affidavit filed in the proceedings on behalf of the Block Development Officer(s) of Hilsa Islampur and Ekangarsarai, it has been jointly stated that an amount of Rs. 36,500/- was found to be outstanding against the petitioner towards school building construction, an amount of Rs. 76,700/- towards house building work for the economically backward class and an amount of Rs. 19,000/- by way of an advance towards planning work, remained unexplained at the level of the petitioner and has thus been found outstanding. In support of their statements, the respondent Block Development Officer(s) have enclosed a memo no. 273 dated 03.06.1999 issued by the Block Development Officer, Islampur addressed to the petitioner. Learned counsel for the petitioner submits that the said - 3 - communication was never received by the petitioner. Considering the claim of the petitioner in the backdrop of the notice dated 03.10.1999 brought on record by way of Annexure-F to the supplementary counter, I am of the opinion that the issue needs to be resolved at the level of the respondent authorities and if the advance noted above indeed have remained outstanding, then the petitioner has to make good the losses suffered by the department but in case the advances are not supported by the relevant documents/ledgers/measurement books relating to the constructions in question, then the withholding of the gratuity amount by the respondents would be arbitrary and an abuse of the executive power. In the circumstances, the writ petition is disposed of with a direction to the respondent no. 2, the District Magistrate, Nalanda, Bihar Sharif to ensure supply of the copies of the relevant documents, registers, measurement books which form the basis of the aforesaid outstandings to the petitioner within four weeks of the date of receipt/production of a copy of this order. The petitioner should be provided a reasonable time to respond to the same. The response filed by the petitioner should be considered and disposed of in accordance with law within two weeks of receipt thereof by a reasoned order. S.Sb/- (Jyoti Saran, J.)