IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3979 of 2009 1. ASHOK KUMAR SINGH S/O LATE SARJUG PRASAD SINGH R/O VILL & P.O. AMOUNA, P.S. KARAKAT, DISTT. ROHTAS AT PRESENT RESIDING AT QUARTER NO. S/93, DALMIANAGAR, P.S. DEHRI, DISTT. ROHTAS. … Petitioner versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPTT. OF MINOR IRRIGATION, NEW SECRETARIAT BUILDING, PATNA 2. MR. SUDHIR KUMAR S/O NOT KNOWN MINOR IRRIGATION, GOVT. OF BIHAR, NEW SECRETARIAT BUILDING, PATNA 3. THE ACCOUNTANT GENERAL BIHAR, BIRCHAND PATEL PATH, PATNA 4. THE SUPERINTENDING ENGINEER TUBEWELL ANCHAL AT ARRAH WITHIN THE DISTRICT OF BHOJPUR 5. MR. BHOLA PRASAD S/O NOT KNOWN THE EXECUTIVE ENGINEER, TUBEWELL DIVISION SASARAM CAMP, DEHRI 6. MR. PRABHU RAJAK S/O NOT KNOWN THE THEN EXECUTIVE ENGINEER, TUBEWELL DIVISION, SASARAM CAMP AT DEHRI WITH THE DISTRICT OF ROHTAS 7. MR. ALAM S/O NOT KNOWN THE DISTRICT PROVIDENT FUND OFFICER, PROVIDENT FUND SECTION, SASARAM, DISTT. ROHTAS 8. MR. K.P. JHA S/O NOT KNOWN TREASURY OFFICER, SASARAM, DISTT. ROHTAS. … Opposite parties ----------- 2. 21.04.2010 Heard counsel for the parties. The grievance of the petitioner as with regard to non-compliance of the order of this court dated 23.3.2009 in CWJC No. 3410 of 2009 is with regard to non-payment of statutory interest on the amount of 2 provident fund for the period 5.12.2008 to 7.4.2009. Counsel for the petitioner would submit that the District Provident Fund Officer by calculating interest upto 5.12.2008 had found the amount of Rs.2,67,598/- to be payable to the writ petitioner on the head of GPF. Counsel further submits that it was the Executive Engineer of Tubewell Divison, Sasaram either Mr. Bhola Prasad or Mr. Prabhu Rajak who was responsible in keeping the matter pending despite sanction of G.P.F. by the District Provident Fund officer, Rohtas, Sasaram. He would also explain that there was no justifiable reason for deducting the amount of Rs.938/- from the amount which was sanctioned by the District Provident Fund Officer inasmuch as on the basis of entry in Bank Passbook it has been shown the payment was made to the petitioner to the tune of Rs.2,66,660/- only as against the sanctioned amount of Rs.2,67,598/- by the District Provident Fund Officer, Rohtas. Though strictly speaking it would not be a case of contempt as major portion of amount of G.P.F. has been paid to the petitioner but then as this court had held the petitioner entitled for payment of statutory interest on 3 the amount of G.P.F. till the date of payment and such payment has been made to the petitioner only on 7.4.2009, the concerned Secretary of the Minor Irrigation Department, Patna, opposite party no. 2 is hereby directed to hold an enquiry and record as to whose lapse and/or lache the petitioner was deprived the payment of amount of provident fund as sanctioned by the District Provident Fund Officer, Rohtas at Sasaram,. In the event, it would be found that despite the sanction accorded by the District Provident Fund Officer on 5.12.2008 it was the concerned officer either Bhola Prasad or Prabhu Rajak who had not only withheld the amount of Rs.938/- but had also kept the amount with him till 7.4.2009, he would get the interest calculated upto the date of payment to the petitioner i.e. 7.4.2009 on the principal amount of Rs.2,67,598/- for the period 5.12.2008 to 7.4.2009 at the prevalent GPF rate and make payment of the same along with the amount of short payment of Rs. 938/- and also thereafter recover such amount from the concerned erring Executive officer or any other person. This exercise must be completed by the Secretary of the Minor Irrigation Department, Patna, 4 opposite party no. 2 within a period of three months from the date of receipt/production of a copy of this order and a compliance report be submitted to the registry of this court by him through Government Pleader No.-X immediately thereafter. With the aforesaid observation and direction, this application is disposed of. Let a copy of this order be handed over to G. P. X for its immediate and effective compliance. Kanchan (Mihir Kumar Jha, J.)