IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9770 of 2003 SIDHNATH SINGH Versus THE STATE OF BIHAR & ORS ----------- 5. 16.9.2008. Heard learned counsel for the petitioner and the State. The petitioner retired as Inspector, Bihar Home Guards with effect from 31.12.2001. This writ petition has been filed by the petitioner as amount of leave encashment of 240 days was not paid to him besides final fixation of pension has not been done. Learned counsel for the petitioner draws the attention of the court to annexure-5 by which after deducting Rs.27,200/- from the amount of leave encashment, Rs.96,920/- has been sanctioned by the competent authority vide order dated 17.12.2003 and submits that amount sanctioned by annexure-5 has not been paid to the petitioner till today. He further submits that amount of Rs.27,200/- has wrongly been deducted from the amount of leave encashment on account of alleged non-production of proof of reimbursement of that amount to other Home Guards under the head of welfare fund. In this context he also draws the attention of the court to annexure 2/A, a receipt of reimbursement of welfare fund, and entries made on its back to show that he had in fact disbursed the amount amongst the Constables. He further submits that there is no complaint by any Constable about non-receipt of the said amount. In that view of the matter, the respondents ought to have accepted the correctness of the claim of the petitioner of disbursement of the amount in question. Learned counsel for the petitioner also submits that fixation 2 of final pension of the petitioner has not been done as yet. Learned counsel for the State submits that so far as amount sanctioned by annexure-5 is concerned, the same shall be paid to the petitioner immediately. He further submits that in respect of fixation of final pension letters have been sent to the Accountant General, Bihar for the purpose. He, in respect of said amount of Rs.27,200/- of welfare fund, submits that the petitioner may be given an opportunity to satisfy the authority with regard to disbursement of the same and if he is able to satisfy the authority, the said amount shall also be released to the petitioner which has been deducted from the amount of leave encashment. In the circumstances, in view of the statement of the learned counsel for the State the Accountant General, Bihar is directed to examine the matter and issue pay slip of fixation of final pension of the petitioner within one months from today if not already done. So far as deduction of amount of Rs. 27,200/- is concerned the petitioner shall be at liberty to produce evidence before the concerned authority to satisfy that he has already disbursed the said amount amongst the Constables. The authority concerned shall also make an enquiry from the Constables, if necessary, to verify the fact with regard to receipt of amount of welfare fund from the petitioner. If he does not find any complaint from any Constable with regard to non- receipt of the amount, he will accept the stand of the petitioner and release the said amount in favour of the petitioner forthwith. So far as sanction of the amount of Rs.96,920/- by annexure- 3 5 towards leave encashment of the petitioner is concerned, there is no dispute. It is apparent from annexure-5 that the said amount was sanctioned to the petitioner on 17.12.2003 itself but, as submitted by the learned counsel for the petitioner, the same has not been paid to the petitioner till today. In that view of the matter, the respondents are directed to pay the amount to the petitioner with 18% interest per annum which shall be calculated and paid to the petitioner along with principal amount within a period of two months from the date of receipt/production of a copy of this order, if the amount has not already been paid as claimed by learned counsel for the petitioner. However, since inspite of the order of D.I.G. Siwan the said amount has not been disbursed to the petitioner, the D.I.G.,Siwan is directed to hold an enquiry and fix up the responsibility for non-payment of the amount to the petitioner up-till-now and after due notice and opportunity shall realize the amount of interest paid to the petitioner on this count from the salary of the concerned responsible officer/employee. This exercise shall be completed within the same time by the D.I.G., Siwan. In case he fails to complete the exercise within the stipulated time, it shall be presumed that the order remained inoperative at his own level and he shall be liable to pay the amount of interest from his own salary. With the above observation and direction, this writ petition is disposed of. Md.S. (J.N.Singh,J.)