Disposed

Sajani Devi and Anr. v. the State of Bihar and Ors.

Patna HC16 Sept 2013CWJC/8885/2012

Case brief

AI extract

What is this about?

In a writ petition, the Patna High Court restrained the authorities from taking coercive steps against ex-officials under Bihar Public Demand Recovery Act. The Court quashed the impugned orders pending issuance of a fresh show cause notice, relying on principles of natural justice.

What did the court decide?

No coercive step shall be taken against the petitioners; liberty granted to District Magistrate to issue a fresh show cause notice.

Sajani Devi and Anr. Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.8885 of 2012

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Sajani Devi W/O Jwala Yadav R/O Village- Mohjan, Police StationFalka, District- Katihar

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Kailash Narayan Sah S/O Late Surya Narayan Sah R/O Village-Barari Hat, P.S.- Barari, District-Katihar

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.... .... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary Panchayati Raj Department, Govt. Of Bihar, Patna

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The Principal Secretary Department Of Finance, the Government of Bihar, Patna

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The District Magistrate, Katihar

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The Deputy Development Commissioner, Katihar

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The District Certificate Officer, Katihar

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The Block Development Officer, Sameli, District- Katihar

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh For the State : Mr. Ranjan Kumar, AC to AAG-4

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CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER

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3 16-09-2013

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Heard learned counsel for the petitioners and learned counsel for the State. The petitioners, who are the exMukhiya and ex-Panchayat Secretary respectively of Chhohar Gram Panchayat in Katihar District, seek quashing of the order

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Patna High Court CWJC No.8885 of 2012 (3) dt.16-09-2013

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dated 31.1.2012 and 13.2.2012 issued by the Block Development Officer, Sameli by which the petitioners have been directed to deposit the amounts which they are alleged to have not spent in accordance with the directions under the 13^th Finance Commission.

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It appears that certain amounts granted under the report of the 13^th Finance Commission for being spent on Aanganwari Centres, were utilized by the different Panchayats in Katihar district for the purchase of Solar light and on coming to known the same, the District Magistrate issued a general direction on 10.12.2011 to the Block Development Officer concerned to recover the amount from the Mukhiya and Panchayat Secretary. Thereupon the Block Development Officer, Sameli has issued the aforesaid impugned letters and on failure of the petitioners to respond to the same, certificate case No. 01/2011-12 has been filed against the petitioners and notices have been issued to the petitioners under Section 7 of the Bihar Public Demand Recovery Act.

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It is the stand of the petitioners that the respondents have violated the principles of natural justice as they have taken the entire action without issuing any show cause to the petitioners prior to the issuance of the general notice by the

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Patna High Court CWJC No.8885 of 2012 (3) dt.16-09-2013

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District Magistrate.

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In support of his stand, learned counsel for the petitioners relies upon an order dated 31.1.2012 passed by a learned single Judge of this Court in CWJC No. 1796/2012 (Nirmala Devi & Ors. Vs. The State of Bihar & ors.) as also an order dated 12.3.2012 passed by another learned Single Judge of this Court in CWJC No. 3673/2012 (Hari Charan Das & Ors. Vs. The State of Bihar & Ors.) in identical circumstances, in the latter of which cases this Court had directed that no proceedings for recovery or any other coercive action shall be taken against the petitioners under the impugned orders at that stage and the District Magistrate, if he was so advised, may issue show cause notice calling upon the petitioners to reply and then pass final appropriate orders to his satisfaction.

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In the counter affidavit filed on behalf of the State, it is not denied that no show cause notice was issued to the petitioners prior to the passing of the impugned orders or the order of the District Magistrate on which the impugned orders were passed.

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On a consideration of the aforesaid facts and circumstances, the writ application is disposed of in terms of the directions contained in the order dated 12.3.2012 passed in

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Patna High Court CWJC No.8885 of 2012 (3) dt.16-09-2013

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S.Pandey/-

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CWJC No. 3673/2012 (supra).

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It is directed that no coercive step shall be taken against these petitioners pursuant to the general order issued by the District Magistrate, Katihar and the impugned orders aforesaid with liberty to the District Magistrate to issue a fresh show cause notice and proceed further in the matter as directed in the order dated 12.3.2012 passed in CWJC No. 3673/2012.

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(Ramesh Kumar Datta, J)

Sajani Devi and Anr. v. the State of Bihar and Ors.

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Sajani Devi and Anr. v. the State of Bihar and Ors.

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