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1996 Supreme(Pat) 562

PATNA HIGH COURT
Radha Mohan Prasad, J.
Kameshwar Prasad Sinha
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 2404 of 1996 ;
Decided On : AUGUST 30, 1996

The custodians of the records are responsible for maintaining the records properly and for paying the post-retiral dues of a Government servant promptly after his retirement from service.

Headnote:

PROVIDENT FUND - PAYMENT OF DUES - DELAY - LIABILITY OF AUTHORITIES - INTEREST - PENALTY - COST - RESPONSIBILITY OF OFFICERS - ENQUIRY - REPORT.

Fact of the Case:

The petitioner, a retired government servant, filed a writ petition seeking payment of his provident fund dues along with interest and penalty for the delay in payment. The respondents, including the Deputy Inspector-General of Police, Deputy Accountant General (Provident Fund), and Director, Provident Fund, filed counter-affidavits explaining the reasons for the delay.

Finding of the Court:

The court found that there was gross laches on the part of the respondents in not maintaining the records properly and not paying the petitioner's dues promptly. The court held that the respondents were responsible for the delay and that the petitioner was entitled to interest, penalty, and costs.

Issues: 1. Whether the respondents were liable for the delay in payment of the petitioner's provident fund dues? 2. Whether the petitioner was entitled to interest, penalty, and costs?

Ratio Decidendi: 1. The court held that the respondents were liable for the delay in payment of the petitioner's provident fund dues because they had not maintained the records properly and had not taken prompt action to calculate and pay the dues. 2. The court held that the petitioner was entitled to interest, penalty, and costs because the respondents had caused him financial loss and mental agony by delaying the payment of his dues.

Final Decision: The court allowed the writ petition and directed the respondents to pay the petitioner his provident fund dues along with interest, penalty, and costs within two weeks. The court also directed the respondents to fix the responsibility for the delay and to take appropriate action against the officers/persons concerned.

Judgment

R. M. Prasad, J.

1. As prayed,learned Counsel for the State is permitted to make necessary correction in the cause title in regard to the counter-affidavit which is said to have been filed on behalf of respondent No.3, though it has been on behalf of respondent No.2.

2. It is one of those unfortunate cases in which the payment of the provident fund dues of the petitioner has been kept withheld for now about eight years.

3. The petitioner superannuated from service on 31-1-88 and when the g. P. F. dues was not paid, he filed the present writ petition on 22-2-1996 with a prayer to issue an appropriate writ/order/direction commanding the respondents to release the payment of g. P. F. amount together with penal interest at the rate of 18% from the date of his superannuation.

4. Separate counter-affidavits have been filed on behalf of the Deputy Inspector-General of Police, C. I. D. (Economic Offences), Deputy Accountant General (Provident Fund) and director, Provident Fund7 Bihar, Patna (respondents No.2, 3 and 4 respectively ).

5. In the counter-affidavit filed on behalf of respondent No.2, a plea has been taken that the (sic) of G. P. F. dues could not be made to the petitioner as he submitted his G. P. F. paper on 5-9-1995 and in course of verification of paper and amount deposited in G. P. F. account, it was found that the above statement regarding the deposited money in the account of the petitioner and certificate of loans/advance payment from Darbhanga and Bhagalpur districts was not cleared/available. It is stated that regarding this, correspondence was made with the concerned Superintendents of Police, Bhagalpur and darbhanga, who sent the statements and thereafter the G. P. F. from with required statement was sent to the Assistant Director, G. P. F. , Bihar, Patna. Thus, it ts contended that the writ-petition is fit to be dismissed and the petitioner is not entitled to get 18% interest on g. P. F.

6. No details have been mentioned in the counter-affidavit as to when correspondences were made and as to when the statements were sent by the concerned Superintendent of Police.

7. However, in the counter affidavit filed on behalf of the Director, provident Fund (respondent No.4) it is stated that the application filed by the petitioner for payment of G. P. F. dues was forwarded to his office by respondent No.2,vide letter No.550 dated 23-3-1996 but the balance transfer of A. G. is not available in this office. According to the said respondent, A. G. Bihar has informed in his letter dated 21-3-19% that the balance transfer of the petitioner was sent to the District Provident Fund Officer, Darbhanga up to 1978-79, which according to the Director, is not complete in itself. It is further stated that the A. G. , Bihar has informed in the said letter that the record for the period 1968-69 to 1974-75 and 1979-80 to 1981-82 were not available and he was advised to obtain credit and debit statements for necessary correction in the about of G. P. F. of the petitioner. So, d. S. P. (Acctt.) C. I. D. , Bihar was requested, vide Office letter No.4957 dated 14-4-1995, to furnish credit and debit statement of the petitioner from 1975-76 to the date of retirement. According to the said respondent, D. S. P. (Acctt.), C. I. D. , Bihar, Patna only submitted credit and debit statement from the year 1971-72 to September, 1982 which is incomplete. So, D. S. P. (Acctt.), c. I. D. , Bihar, Patna was again requested, vide Office-letter No.6216 dated 15-5-19% to send credit and debit statement for the period October, 1982 to date of retirement of the petitioner. But no reply has been received as yet, so a reminder was sent again, vide office letter No.707 dated 25-5- 19%. It was, however, accepted that the D. S. P. (Acctt.) sent the relevant papers, vide letter No.784 dated 10-5-1996, whereafter an authority slip of Rs.15,596/- was issued in favour of D. S. P. (Acctt.) C. I. D. vide letter No.7686 dated 11-6-19% calculating up to date admissi










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