High Court Patna High Court - Orders

Birchandra Brahmchari vs The State Of Bihar &Amp; Ors on 20 September, 2010

Patna High Court – Orders
Birchandra Brahmchari vs The State Of Bihar &Amp; Ors on 20 September, 2010
                  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
                                         -----------

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.)