IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11339 of 2005 VIVEKANAND CHOUDHARY, son of Sri Chandradeo Choudhary, Husband of late Kumkum Kumari, resident of Mohalla-laloo Pokhar, Near anganbari, P.O.-Balan Bazar, P.S.-Kashim Bazar, District-Munger Versus 1. THE STATE OF BIHAR through the Secretary, Primary, Secondary and Adult Education, Department, Patna, Bihar. 2. The Deputy Secretary, Primary, Secondary and Adult Education Department, Patna, Bihar. 3. the Director, Secondary Education, Patna, Bihar. 4. The Director Administration, Primary, Secondary and Adult Education Department, Patna, Bihar, 5. the Accountant General, Bihar. 6. The Director, Provident Fund Officer, Munger. 7. The District Provident Fund Officer, Munger 8. The District Education Officer, Munger. 9. The Head Master, Chandrashehar, Girls High School, Munger. ----------- 3 16.04.2010 Heard Mr. Rohit Mishra, learned counsel for the petitioner, Mr. Manoj Kumar Jha, learned A.C. to G.A.1 for the State and learned counsel for the Accountant General. The writ petition was filed for refund of Rs. 93,125/- which had been deducted from the gratuity amount admissible to the late wife of the petitioner who died in harness on 20.7.2003 while posted as Headmistress in the Chandra Shekhar Singh Girls High School, Munger. The petitioner once came before this Court through C.W.J.C. No. 13280 of 2003 and 2 which was disposed of vide order dated 12.12.2003 in the light of the general directions for payment of the admissible dues, failing which liberty was granted to file a two page affidavit. Learned counsel for the petitioner submits that in the process of payment of the death cum retrial benefits admissible to the late wife of the petitioner the respondents had deducted an amount of Rs. 93,125/- on pretext of certain advances towards school development fund, outstanding in the name of the deceased employee. A counter affidavit has been filed on behalf of the respondent State and its authorities and in which it is admitted that the entire retrial dues admissible to the late wife of the petitioner had been paid to him except an amount of Rs. 93,125/- deducted from the gratuity amount. It is contended that the late wife of the petitioner had not deposited any voucher in relation to the development work taken up by her in the Chandra Shekhar Singh Girls High School, Munger where she was posted as a Headmistress. It is contended that in absence of the vouchers certifying the 3 expenditure made on the development work as well as in absence of the cheque book relating to the development fund the authorities were precluded from making payment of the amount. Learned counsel for the petitioner with reference to Annexure-B of the counter affidavit filed on behalf of the respondent No.8, the District Education Officer, Munger, which is a letter dated 11.11.2005 of the Headmistress, addressed to the respondent No.8, submits that while the respondents themselves admit to the availability of a letter granting approval for the development work, the measurement book and the final bill but yet they have withheld the payment merely on pretext of absence of the vouchers and the cheque book. Learned counsel thus submits that the expenditure undertaken by the wife of the petitioner could be well explained from the documents which are already in possession of the authorities concerned and if the relevant expenditures have been mentioned therein, the withholding of the amount is without sanction of law. Mr. Jha, learned counsel representing the State submits that neither the petitioner 4 had deposited the cheque book nor has he presented any vouchers in support of the expenditure made by his late wife and in absence whereof the school authorities were precluded in making the payment of the amount in question. Having regard to the rival contentions of the parties, the writ petition is disposed of with the direction to the respondent No.8, the District Education Officer, Munger to provide inspection to the petitioner to the administrative approval letter, the measurement book and the first and final bill, the reference whereof has been made in the letter dated 11.11.2005 (Annexure-B to the counter affidavit) and make available the relevant photocopy thereof as desired by the petitioner to enable him prepare an explanation to the expenditure leveled against his late wife including the expenditure payment made through cheque no. 265281 and 265282, issued by the deceased employee. The inspection and the photocopy of the documents desired by the petitioner should be provided to him by the District Education Officer, within a period of two weeks from the 5 date of filing any such request by the petitioner. The petitioner would be at liberty to file a detailed response as to the unexplained expenditure leveled against his wife with supportive documents and possible explanation and which shall be considered by the District Education Officer, Munger within four weeks for the date of receipt of such representation and be disposed of in accordance with law. Needless to mention that in case the petitioner has been able to make out a case for refund of the amount in question, the same should be provided to him without any delay. However, in the event the District Education Officer does not find merit in the explanation advanced on behalf of the petitioner, the same may be disposed of by a reasoned order. Bibhash ( Jyoti Saran, J.)