IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6540 of 2009 SITA RAM YADAV Versus THE STATE OF BIHAR & ORS ----------- 2 21/5/2009 Heard counsel for the petitioner and counsel for the State. Petitioner is holding the post of VLW and has been allegedly undergoing the after math of his last transfer order. It appears that at the time of his being relieved from the transferred post, when the last pay certificate (LPC) was issued by the B.D.O. Ghoghardiha he had mentioned with regard to certain outstanding dues against him, on account of which the petitioner has apprehension that his salary and post retirement benefit would get withheld. Counsel for the petitioner, in fact, would emphasize that there are clear evidence in form of documentary proof to show that whatever amount was advanced to the petitioner in the capacity of V.L.W./Panchayat Secretary has already been spent by him and is duly accounted in the vouchers submitted by him. Grievance of the petitioner however is that the B.D.O. without looking into those vouchers has included the entire amount advanced to the petitioner in the dues column of the L.P.C. Normally a dispute of this nature, purely administrative in character, was capable of being looked into and redressed by controlling authority i.e. the Collector of the District. Had the petitioner filed a representation to the Collector, the issue by now could have been settled. It however appears that the 2 petitioner, in fact had filed a representation to the B.D.O. Ghoghardiha himself for correcting such L.P.C with a copy of the same to the Collector of Madhubani district. Since the petitioner is going to retire on 31st July, 2009 he must get clean slate before his retirement. Therefore, this Court would direct the petitioner to file a self contained representation to the Collector of the district, who must examine the grievance of the petitioner in the light of the evidence led by him and if it is found by the Collector that the amount advanced to the petitioner in the capacity of V.L.W/Panchayat Secretary has already been spent in the connected government work, he would direct the B.D.O. Ghorghardiha to issue a fresh L.P.C. Such decision must be taken by the Collector of the district by passing a reasoned order within a period of two months from the date of filing of the representation by the petitioner. Let it be made clear that this Court has not gone into the merits of this case and has left the matter to be decided by the Collector who must address himself to the facts and take a decision strictly in accordance with law. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)