High Court Patna High Court - Orders

The State Of Bihar & Ors vs Kusheswar Nath Pandey & Anr on 14 September, 2011

Patna High Court – Orders
The State Of Bihar & Ors vs Kusheswar Nath Pandey & Anr on 14 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Letters Patent Appeal No.266 of 2011
                                                    In
                              Civil Writ Jurisdiction Case No. 4369 of 2010
                 ======================================================

The State Of Bihar & Ors
…. …. Appellant/s
Versus
Kusheswar Nath Pandey & Anr
…. …. Respondent/s
======================================================

6 14-09-2011 The order for recovery of some money from the writ

petitioner was passed on account of audit objection that he had not

passed the concerned accounts examination till his superannuation

in the year 2009.

In spite of Writ Court having noticed on page 2 of the

order under appeal that respondents have failed to specifically

assert whether the audit objection is correct or not, they have

merely relied upon the audit objection. Now, when the writ

petitioner has been granted relief and an appeal has been preferred

by the State and its authorities, it is surprising that even in the

memorandum of appeal no categorical stand has been taken as to

whether audit objection is correct or not.

We direct the appellant no.2, the Chief Engineer,

Department of Minor Irrigation, Government of Bihar to get the

entire service records of the writ petitioner verified and also to get

the claim of the writ petitioner thoroughly verified whether he has
Patna High Court LPA No.266 of 2011 (6) dt.14-09-2011

2

passed the accounts examination in the year 2007, as claimed by

him or not. Such enquiry must be concluded within three months

from today and a categorical stand must be taken before this Court

on affidavit by an officer authorized by the Chief Engineer within

the aforesaid period of three months.

Let this appeal be listed after three months. The

matter shall be considered on merit after receipt of the report.

Let a copy of this order be furnished to Government

Advocate 7, Mr Subhash Pd. Singh, for communication and

compliance.

(Shiva Kirti Singh, J)

(Shivaji Pandey, J)

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