Dismissed¶¶26

Sushil Kumar Gupta v. State Of Chhattisgarh

Chhattisgarh HC12 Jun 2024WPS/1385/2017

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur; WPS No. 1385 of 2017; Sushil Kumar Gupta v. State of Chhattisgarh; General Provident Fund shortfall; Senior Accounting Officer/Accountant General order dated 06.01.2017 (Annexure P/1); balance gratuity 10%; Article 226 Constitution of India; disputed question of fact; writ petition dismissed with liberty to file afresh; Justice Narendra Kumar Vyas; decided 13-06-2024.

What did the court decide?

No substantive relief; writ petition dismissed with liberty to file a duly constituted petition if records questioning the validity of the order dated 06.01.2017 become available. ¶¶26

Sushil Kumar Gupta Vs State Of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

No substantive relief; writ petition dismissed with liberty to file a duly constituted petition if records questioning the validity of the order dated 06.01.2017 become available.

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Issue for consideration

Whether the order dated 6-1-2017 (Annexure P/1) issued by the Senior Accounting Officer, Office of the Accountant General, Raipur, recording a shortcoming in the petitioner's GPF account pursuant to the earlier direction in WPS No. 3407/2016, is illegal/perverse and liable to be quashed. +1 more

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Court's answer

No document was filed by the petitioner to demonstrate that the finding recorded by the Accountant General in its order dated 6-1-2017 (Annexure P/1) is perverse or contrary to the law.

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Ratio / Principle

In the absence of any material placed on record, this court cannot examine the submission made by the learned counsel for the petitioner, which is of a disputed fact.

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Key takeaways

If records are available with the petitioner to question the validity of the order dated 06.01.2017 (Annexure P/1), he shall be at liberty to file a duly constituted petition.ratio¶¶25

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (Justice Narendra Kumar Vyas, 13-06-2024), WPS No. 1385 of 2017 — Writ petition under Article 226 assailing the order dated 6-1-2017 (Annexure P/1) of the Senior Accounting Officer, Office of the Accountant General, Raipur, recording a shortcoming in the petitioner's GPF account; the impugned order was passed pursuant to this Court's earlier order dated 26.09.2016 in WPS No. 3407/2016 directing respondents No. 3 & 4 to decide the claim on the basis of certified service-book entries. Reliefs sought: quashing of the order, release of GPF of Rs. 47,000/- with interest, and balance gratuity of 10% with interest. Held: no document was filed to show that the Accountant General's finding was perverse or contrary to law; absent any material, the writ court cannot examine a submission involving a disputed fact. Petition dismissed, with liberty to file a duly constituted petition if records questioning the validity of the order dated 06.01.2017 become available.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 1385 of 2017

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•Sushil Kumar Gupta S/o Late Shri R. K. Gupta Aged About 52 Years R/o Bajrang Para Raigarh, P S And Tahsil Raigarh, Distt. Raigarh, Chhattisgarh., Chhattisgarh

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---- Petitioner

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Versus

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1.State of Chhattisgarh Through Secretary, General Administration Department, Pension Redressal Committee, Mantralaya, Naya Raipur, Chhattisgarh., Chhattisgarh 2.Secretary, Health And Family Welfare Department, State Of Chhattisgarh Mantralaya, Naya Raipur, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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3.Accountant General Account And Entitlement Ziro Point Baloda-Bazar Road, Raipur, Distt. Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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4.Senior Accounting Officer, Office Of Accountant General, Ziro Point Baloda-Bazar Road, Raipur, Distt. Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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5.Joint Director, Fund Account And Pension Bilaspur Division, Distt. Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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6.Chief Medical And Health Officer, Raigarh, Distt. Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

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---- Respondents

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For petitioner : Mr. Sandeep Singh, Advocate. For Respondent/State : Mr. Sabyasachi Choubey, PL

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Hon'ble Shri Justice Narendra Kumar Vyas. Order on Board

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(13-06-2024)

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1.The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking following reliefs.

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“(I). To kindly quash the order dated 6-1-2017 (Annexure P/1) issued by the Senior Accounting Officer, office of Accountant General, Raipur, District Raipur (CG).

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(ii) To kindly direct the respondent State to release the payment of General Provident Fund to the tune of Rs.47,000/- with interest to the petitioner.

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(iii) To kindly direct the respondent State to pay the balance gratuity of 10% along with interest.

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(iv) To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner”.

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2.Learned counsel for the petitioner would submit that in the GPF account certain short coming has been shown which is illegal. He would further submit that the petitioner has filed WPS No. 3407/2016 before this Court and this Court vide order dated 26.09.2016 has directed the respondents No. 3 & 4 to decide petitioner’s claim on the basis of certified entries made in the service book of the petitioner. This Court has also directed that after scrutiny any more amount is found due and payable to the petitioner, the same shall be finalized. In pursuance of direction given by this Court, respondents No. 3 to 4 have examined the matter and passed the impugned order which is illegal.

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3.I have heard learned counsel for the parties.

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4.From bare perusal of the record of the writ petition, it is quite vivid that no document has been filed by the petitioner to demonstrate that the finding recorded by the Accountant General in its order dated 6-1-2017 (Annexure P/1) is perverse, contrary to the law. In absence of any material placed on record, this court cannot examine the submission made by the learned counsel for the petitioner, which is of a disputed fact.

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5.In view of the above, this writ petition deserves to be dismissed. However, if any records are available with the petitioner to question the validity of the order dated 06.01.2017 (Annexure P/1), he shall be at liberty to file a duly constituted petition.

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Accordingly, the writ petition is dismissed with the aforesaid liberty granted in favour of the petitioner.

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Sd/( Narendra Kumar Vyas) JUDGE

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Raju

Sushil Kumar Gupta v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sushil Kumar Gupta v. State Of Chhattisgarh

Case brief

What is this about?

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