IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3888 of 2010
1. BIRCHANDRA BRAHMCHARI S/O LATE SURYA THAKUR R/O
VILL.- ETWARA, P.S.- PIAR, DISTT.- MUZAFFARPUR
Versus
1. THE STATE OF BIHAR
2. THE AGRICULTURE DIRECTOR BIHAR, PATNA
3. THE JOINT DIRECTOR AGRICULTURE DARBHANGA
4. THE DISTRICT MAGISTRATE SAMASTIPUR
5. THE DISTRICT AGRICULTURE OFFICER null BEGUSARAI
6. THE BLOCK DEVELOPMENT OFFICER null KALYANPUR,
DISTT.- SAMASTIPUR
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2. 20.9.2010 Heard learned counsel for the petitioner and the
State.
Counter affidavit has been filed on behalf of
respondent nos. 2, 3 and 5. No counter affidavit has been
filed by respondent no. 6.
The petitioner was transferred on 5.9.2009 from
the Block Office, Kalyanpur to the District Agriculture
Office, Begusarai. His scheduled superannuation was on
31.1.2010. His L.P.C. was issued from the Kalyanpur
Block by respondent no. 6 on 30.1.2010 with an
endorsement for recovery of Rs. 59,500/-.
The counter affidavit of respondent nos. 2, 3
and 5 states that the other grievances with regard to
salary etc. has been redressed, which is not disputed on
behalf of the petitioner.
Learned counsel for the State submits that why
the endorsement for recovery of the aforesaid amount was
entered into the L.P.C. is for the respondent no. 6 to
2
answer.
Counsel for the petitioner submits that no
endorsement to his prejudice could be done ex parte
without any notice to show cause as it is an
administrative/quasi judicial adjudication.
It is the specific assertion of the petitioner that
in Paragraph-12 of the writ application, no show cause
notice has been issued before endorsement.
This Court holds that the said endorsement for
Rs. 59,500/- in his last pay certificate cannot be enforced
till such time that the petitioner is given a show cause
notice disclosing the grounds for the same and final
appropriate orders are passed after consideration of the
cause shown by him.
The writ application stands allowed.
P. Kumar ( Navin Sinha, J.)