IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9454 of 2010 RAM NARESH SINGH, RETIRED ACCOUNTS ASSISTANT S/O LATE RIJHAN SINGH VILL. AND P.O.- KHOKASA BUZURG, P.S.- DESARI, DISTT.- VAISHALI Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH ITS SECRETARY, VIDYUT BHAWAN, BAILEY ROAD, PATNA 2. SRI AKHILESHWAR PRASAD, FINANCIAL CONTROLLER-I, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA 4. THE GENERAL MANAGER, MUZAFFARPUR THERMAL POWER STATION KANTI, MUZAFFARPUR 5. THE ELECTRICAL EXECUTIVE ENGINEER (ESTABLISHMENT), MUZAFFARPUR, THERMAL POWER STATION, KANTI, MUZAFFARPUR 6. DY. DIRECTOR OF ACCOUNTS, MUZAFFARPUR THERMAL POWER STATION, KANTI, MUZAFFARPUR 7. DY. DIRECTOR OF PERSONNEL, MUZAFFARPUR THERMAL POWER STATION KANTI, MUZAFFARPUR ----------- 2 21.06.2010 Heard learned counsels for the petitioner and the respondent-Board. The grievance of the petitioner is against the recovery of a sum of Rs. 1,43,598.20 P from the gratuity amount payable to the petitioner said to be on the ground of excess payment made due to wrong fixation of pay vide memo no. 522 dated 13.05.2008 (Annexure-1). Learned counsel for the petitioner submits that after his retirement from the post of Accounts Assistant on 30.05.2005 no amount ought to have been recovered in absence of any misrepresentation or fraud alleged against the petitioner. Learned counsel appearing for the respondent-Board submits that the records are required to be verified. He further submits that although the petitioner had filed a representation on 10th March, 2010 however the same did - 2 - not contain the relevant details. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the aforesaid grievance against Annexure-1 as also other grievances with regard to payment of correct pensionary benefits, petitioner proposes to file a fresh representation before the respondent no.3. In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of four weeks from today along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the grievances of the petitioner raised in the representation shall be considered in accordance with law and shall be disposed of by a reasoned order expeditiously preferably within a period of four months on receipt of such representation. Upon consideration if the representation of the petitioner is accepted and no fraud or misrepresentation is found on the part of the petitioner, the amount deducted shall be refunded back to the petitioner within a period of two months thereafter. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)