IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.965 of 2008 MITHILA PATI LAL DAS SON OF BADRI NARAYAN LAL DAS RESIDENT OF VILLAGE SHERPUR P.S. MANIGACHHI DISTRICT DARBHANGA AT PRESENT BINA KUNJ NEAR HEAD POST OFFICE, P.S. MADHUBANI, DISTRICT MADHUBANI. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, ENERGY DEPTT. GOVT. OF BIHAR, PATNA. 2. SRI R. N. RAI, DIRECTOR (PERSONAL), BIHAR STATE ELECTRICITY BAORD, VIDHYUT BHAWAN, PATNA. 3. SRI A.P. VISHWAKARMA SON OF NOT KNOWN, DIVISIONAL MANAGER CUM CHIEF ENGINEER, MITHILA ELECTRICITY SUPPLY DIVISION, DARBHANGA. 4. SRI SHIV SHANKAR CHAUDHARY SON OF NOT KNOWN SUPERINTENDING ENGINEER, ELECTRICITY SUPPLY CIRCLE, DARBHANGA. 5. SRI RAJENDRA PANDEY SON OF NOT KNOWN, EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, MADHUBANI. ----------- 4 27/01/2010 The areas of dispute are very limited. The Opposite Parties in their show cause in paragraph 4(a) have stated that D.A. amount of Rs.19,712/- for the period 1.7.2002 to 30.9.2004 accruing in favour of the petitioner was deposited in his G.P.F. account vide Bill no. 9/2005- 06 but the petitioner claims that this amount of money has not been paid to him and payment of G.P.F. does not include this figure. This is more so, when the details of payment and break-up has not been provided to the - 2 - petitioner. The petitioner may request for such a break-up by either filing an application before the opposite parties or even seeking information under the Right to Information Act. If what has been stated by the petitioner is correct, the opposite parties have responsibility to pay it or if the payment has already been made, then only to explain the amount to him. The other issue is refund of the motor cycle advance which was deducted from the gratuity amount of the petitioner. According to Annexure-B filed by the opposite parties, the motor cycle advance deducted was Rs.9512/- in terms of order No. 1507 dated 1.9.2005 but the refund ordered is only Rs.6957/-. In other words, a sum of Rs.2555/- under this Head has not been paid to the petitioner. There is no explanation coming forth from the opposite parties in this regard. Opposite Party Secretary to the Bihar State Electricity Board shall get this aspect examined and explain to the petitioner the reason for discrepancy or in absence of the same steps for payment. - 3 - The third and final issue is deduction of Rs.1500/- in excess under the house building advance from the gratuity of the petitioner and release of the original documents of the land in favour of the petitioner in view of settlement of accounts. This is yet another aspect which should also be looked into and decided at the earliest. The contempt application stands disposed of with a direction that the above mentioned issues should also be resolved within a period of eight weeks from the date of communication or production of a copy of this order. AMIN (Ajay Kumar Tripathi, J.)