Justice Purnendu Singh disposed of a writ petition seeking quashing of illegal recovery from retirement benefits and directions for return of funds. The State informed that the amount was unreadable credits back to the petitioner, obviating the need for further adjudication.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.752 of 2024
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Hari Nath Jha Son of Baidnath Jha Resident of Village-Chhajan Har Shankar, Police Station- Kurdhani, District-Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Md. Shamimul Hoda, Advocate For the Accountant General : Mr. Binod Kumar Labh, Advocate Mr.Sunil Kumar Singh, Advocate For the State/s : Mr.Narendra Kumar Singh, AC to GP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
7 13-08-2026
Heard learned counsel appearing on behalf of the petitioner; Mr. Binod Kumar Labh along with Mr. Sunil Kumar Singh, learned counsel appearing on behalf of the Accountant General, Bihar and Mr. Narendra Kumar Singh, learned AC to GP 22 for the State.
(i) For partly quashing/set aside Letter No.11 dated 19 January, 2023 of office of Principal Accountant General, Bihar, Patna by which illegal recovery of
Patna High Court CWJC No.752 of 2024(7) dt.13-08-2026 2/3
Rs.311734/- has been made from the retirement benefit of the petitioner without giving any opportunity of hearing before passing the impugned order.
ii. For further quashing/set aside the Letter No.470 dated 20.03.2023 issued under the signature of S.P. (Wireless), Bihar, Patna communicated to the Treasury Officer, Muzaffarpur and directed to adjust the due amount of Rs.311724/- as per the above stated order of Accountant General, Bihar, Patna and it is to be adjusted from the D.C.R. and gratuity payable to the petitioner after his retirement from his service.
iii. For direction/directions to the respondents to return the recovery amount of Rs.311724/- with rate of interest permissible under the law.
iv. For direction/directions to the respondents to refixation of pension as well as permissible due amount as the petitioner is entitle under the law.
v. For direction/direction to the respondents to pay leave encashment and all consequential benefit to the petitioner.
vi. For any other relief/reliefs to which the petitioner is entitled under the law.”
appearing on behalf of the State informs this Court that the order of recovery, as contained in Letter No. 111 dated 19.01.2023 issued by the office of the Principal Accountant General (A&E), Bihar, Patna, by which a sum of Rs.3,11,724/was illegally recovered from the retiral benefits of the petitioner, has been made ineffective, as the said amount has been credited
Patna High Court CWJC No.752 of 2024(7) dt.13-08-2026 3/3
back into the account of the petitioner. In this regard, he has brought on record the bank statement dated 05.08.2026, which shows that the aforesaid amount has already been credited into the petitioner’s account.
petition requires no further adjudication.
disposed of.
(Purnendu Singh, J)
chn/-
U
1 issue framed by the court
Whether the writ petition requires further adjudication after the State confirmed the illegal recovery and credited the amount back to the petitioner's account.
2 provisions across 2 enactments
Hari Nath Jha
State of Bihar through its Principal Secretary, Department of Home
Director General of Police, Bihar
Inspector General of Police, Bihar Police Radio Organization
Principal Secretary, Department of Finance, Bihar
Senior Accounts Officer, Office of the Accountant General, Bihar
PURNENDU SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
