The petitioner challenged the denial of salary from November 2013 to May 2016 due to alleged defalcation of wheat and C.M.R. The Court rejected the claim for salary, holding that recovery of the defalcated amount under the Public Demands Recovery Act was valid per the appointment letter.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4136 of 2017
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Ramjee Prasad, S/o Late Sita Ram Prasad, Resident of Village- Waliganj, Arra, P.S. Ara Town, District- Bhojpur at Arra.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner/s : Mr.Bishnu Kant Dubey, Advocate For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate For E.P.F.O. : Mr. Ranjit Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 04-07-2019
No one appears on behalf of the petitioner.
Learned counsel for the Bihar State Food and Civil Supplies Corporation Limited and learned counsel for the Employees Provident Fund Organization are present.
In the present case, the grievance has been raised about the payment of salary for the period from 01.11.2013 to May, 2016, which has been denied to the petitioner on account
Patna High Court CWJC No.4136 of 2017 dt.04-07-2019 2/3
of defalcation of wheat and C.M.R. that comes to Rs.27,75,176/-.
The petitioner has challenged the manner the order has been passed for recovery of the amount and this Court vide order dated 16.04.2019, directed the Bihar State Food and Civil Supplies Corporation (for short “the B.S.F.C.”) to bring on record in what manner they have arrived to a finding of defalcation of the said amount and its recovery. In pursuance of the said order, a supplementary counter affidavit has been filed by the B.S.F.C., wherein it has been stated that the petitioner had defalcated the food-grains amounting to Rs.27,75,176/-, whereafter he was issued the show-cause vide letter no.410 dated 29.03.2019, wherein the details have been made about the commission of defalcation of the amount of wheat and C.M.R. and that has not been replied by the petitioner and finally the order has been passed for recovery of the said amount of Rs.27,75,176/- under the Public Demands Recovery Act on the basis of the terms of letter of appointment, wherein it has been mentioned that the employee will have to enter into the agreement with respect to recovery of the amount under the Public Demand Recovery Act. Clause-4 of the appointment letter provides that in the event of defalcation, the B.S.F.C. will
Patna High Court CWJC No.4136 of 2017 dt.04-07-2019 3/3
be at liberty to recover the defalcated amount under the Public Demands Recovery Act.
In such view of the matter, the claim of the petitioner for salary from 01.11.2013 to May, 2016 is rejected as this Court does not find any merit in this writ petitioner. Accordingly, this writ petition is dismissed.
(Shivaji Pandey, J)
pawan/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N/A. |
| Uploading Date | 09.07.2019 |
| Transmission Date |
2 issues framed by the court
Whether the petitioner is entitled to salary pending recovery of defalcation amount under the Public Demands Recovery Act.
Whether the recovery of defalcated amount under the Public Demands Recovery Act is legally sustainable based on the appointment letter.
2 provisions across 2 enactments
Ramjee Prasad
Bihar State Food and Civil Supply Corporation Ltd.
Employees Provident Fund Organization
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
