Allowed

Ravindra Jha v. The State Of Bihar and Ors.

Patna HC28 Mar 2014CWJC/4939/2013

Case brief

AI extract

What is this about?

This order addressed a dispute where a retired co-operative society manager faced pension recovery for an amount held as advanced salary. The bank sought recovery including interest, but the bank was not the petitioner's employer. The court held the bank had no right to recover the principal or interest, though the principal could be adjusted against the petitioner due to leftover dues.

What did the court decide?

Redirected deduction of only main sum of ₹ 82,600/- from retirement benefits; ordered return of recovered interest portion including contempt proceedings.

Ravindra Jha Vs The State Of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2014)

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Patna High Court CWJC No.4939 of 2013 (14) dt.28-03-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4939 of 2013

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	====================================================== 1. Ravindra Jha S/O Sri Yogendra Jha R/O Village- Riga, P.S. Riga, Dist. Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary Co-Operative Department, Bihar, Patna 3. The Secretary, Personal and Administrative Reforms Department, Patna 4. The District Magistrate, Samastipur 5. The Circle Officer, Pusa Anchal, Samastipur 6. The Accountant General Of Bihar, Patna 7. The Treasury Officer, Samastipur 8. The Branch Manager, Central Co-Operative Bank Ltd., Dumra, Sitamarhi 9. The Managing Director-cum-Member Secretary, Dist. Cader Co-Operative Bank Ltd., Sitamarhi .... .... Respondent/s ====================================================== Appearance: For the Petitioner/s : Mr. Ranjeet Kr. Mishra, Advocate For the State : Mr. B.K. Pandey, AC to GA 3 For AG, Bihar, Patna : Mr Raj Nandan Prasad, Advocate For the Co-operative Bank : Mr Pusupendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
14	28-03-2014 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the AG, Bihar, Patna as well as learned counsel for the Central Co-operative Bank, Sitamarhi. Petitioner was Pacs Manager of Bahera Pacs under Mirganj block district Sitamarhi and he was authorized to distribute loan and to make recovery and after recovery of loan, he had to deposit recovered amount with Central Co-operative Bank, Sitamarhi. Subsequently, petitioner was appointed to the post of lower division clerk in the office of Pusa Anchal, Samastipur where he worked and later on, superannuated from service on 30.09.2010.

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1. Ravindra Jha S/O Sri Yogendra Jha R/O Village- Riga, P.S. Riga, Dist.
Sitamarhi
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Secretary Co-Operative Department, Bihar, Patna
3. The Secretary, Personal and Administrative Reforms Department, Patna
4. The District Magistrate, Samastipur
5. The Circle Officer, Pusa Anchal, Samastipur
6. The Accountant General Of Bihar, Patna
7. The Treasury Officer, Samastipur
8. The Branch Manager, Central Co-Operative Bank Ltd., Dumra, Sitamarhi
9. The Managing Director-cum-Member Secretary, Dist. Cader
Co-Operative Bank Ltd., Sitamarhi
.... .... Respondent/s
======================================================
Appearance:
For the Petitioner/s : Mr. Ranjeet Kr. Mishra, Advocate
For the State : Mr. B.K. Pandey, AC to GA 3
For AG, Bihar, Patna : Mr Raj Nandan Prasad, Advocate
For the Co-operative Bank : Mr Pusupendra Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER

28-03-2014
Heard learned counsel for the petitioner, learned counsel for the
State, learned counsel for the AG, Bihar, Patna as well as learned counsel for
the Central Co-operative Bank, Sitamarhi.
Petitioner was Pacs Manager of Bahera Pacs under Mirganj block
district Sitamarhi and he was authorized to distribute loan and to make
recovery and after recovery of loan, he had to deposit recovered amount with
Central Co-operative Bank, Sitamarhi. Subsequently, petitioner was
appointed to the post of lower division clerk in the office of Pusa Anchal,
Samastipur where he worked and later on, superannuated from service on
30.09.2010.

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It is pertinent to note here that while petitioner was working as Pacs

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Patna High Court CWJC No.4939 of 2013 (14) dt.28-03-2014

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Manager, his salary was not paid and there was arrear of salary amounting to Rs 2, 60,000/- of the petitioner was due on cadre committee of the aforesaid pacs. The petitioner collected some amount and kept Rs 82,600/- as advanced salary from the amount recovered by him from loanees inspite of depositing the aforesaid amount with the bank. It is also pertinent to note here that for keeping the aforesaid amount as advanced salary, no order was obtained from his higher officials or from managing committee of the aforesaid pacs.

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After superannuation, when petitioner applied for his pensionary benefit, Circle officer, Pusa deducted Rs 1, 65,793/- from pensionary benefit of the petitioner on the basis of information given by the Branch manager of the Central Co-operative Bank, Sitamarhi.

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In the counter affidavit of respondent nos. 8 and 9, it has been mentioned that the petitioner kept Rs 82,600/- as advanced salary without order of competent authority and with interest the aforesaid amount became Rs 1, 65,793/- and therefore, the aforesaid amount has been recovered from retiral benefits of the petitioner.

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The only grievance of the petitioner is that bank has got no right to charge interest on the aforesaid amount because the aforesaid amount was kept by the petitioner as advanced salary and admittedly, Rs 2, 60,000/- under the head of salary of the petitioner was due on cadre committee.

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Learned counsel appearing for the petitioner submits that the amount, which had been kept by the petitioner as advanced salary, was of Pacs because it was Pacs who authorized the petitioner to distribute loan and to recover the loan amount and therefore, even if it assumed that the petitioner kept the amount in question without any order of competent authority, the competent authority of cader committee can take any action

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Patna High Court CWJC No.4939 of 2013 (14) dt.28-03-2014

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and the bank has got no right to charge interest on the above stated amount. It is further contended by him that the concerned Pacs did not initiate any departmental proceeding nor lodged any criminal case against the petitioner and only Pacs was competent to take any action against the petitioner. Learned counsel for the petitioner further submits that it was prevalent among the Pacs Managers at the relevant time to keep the recovered and collected amount towards their advanced salary because Pacs of different districts were suffering from financial crunch and therefore, according to prevalent practice of relevant time, petitioner also kept amount in question with him as advanced salary and therefore, neither bank nor the concerned Pacs has any right to charge interest on the aforesaid amount and, at best, the Pacs can recover the amount of Rs 82,600/- from retirement benefits of the petitioner.

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On the other hand, learned counsel appearing for the Central Co-operative Bank, Sitamarhi submits that admittedly, petitioner was employee of Pacs and he was not employee of Central Co-operative Bank, Sitamarhi but he kept the recovered amount with him though he was duty bound to deposit the aforesaid amount with Bank and therefore, the bank rightly charged interest on the amount in question.

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Admittedly, petitioner was working as Pacs Manager at the relevant time and Rs 2,60,000/- towards salary head of the petitioner was due and furthermore, it is an admitted position that Rs 82,600/- had been kept by the petitioner as his advanced salary. It is apparent from the submissions of the parties as well as materials available on record that the concerned Pacs did not initiate any departmental proceeding nor lodged any criminal case against the petitioner. Furthermore, it is an admitted position that alleged recovery has not been made at the request of the concerned Pacs rather

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Patna High Court CWJC No.4939 of 2013 (14) dt.28-03-2014

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alleged recovery was made at the request of Central Co-operative Bank, Sitamarhi.

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Admittedly, petitioner was not an employee of Central Cooperative Bank, Sitamarhi and therefore, Central Co-operative Bank, Sitamarhi has no right to recover the amount in question from retirement benefits of the petitioner. Moreover, it is an admitted position that amount in question was taken by the petitioner as advanced salary and presently, petitioner is ready to adjust Rs 82,600/- which had been taken by him as advanced salary with his retiral benefits and therefore, in my view, this writ petition stands disposed of with direction to respondent nos. 8 and 9/ the concerned respondents to deduct Rs 82,600/- only from retiral benefits of the petitioner and remaining amount must be returned to the petitioner within one month from the date of receipt/production of a copy of this order.

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(Hemant Kumar Srivastava, J)

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shahid

Ravindra Jha v. The State Of Bihar and Ors.

Case brief

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Ravindra Jha v. The State Of Bihar and Ors.

Case brief

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