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1999 Supreme(Pat) 1088

R.M.PRASAD
Kumud Ranjan Tiwari – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The grievance of the petitioner in this writ petition is that though he was allowed to superannuate from service on 28.2.1997, certain payments towards post retiral dues have been kept withheld for no justifiable reason.

2. A counter affidavit has been filed on behalf of the respondents in which it is vaguely stated that after the enquiry officer submitted the report, directions have been issued by letter dated 26.9.1998 for payment of post retiral benefits to the petitioner. However, as in the said counter affidavit it is not stated as to on which date the enquiry report was received by them and what was the ultimate order passed by them in the disciplinary proceeding, this Court, vide order dated 13.8.1999, directed the respondents to file supplementary counter affidavit annexing the copy of the enquiry report and the order passed in the disciplinary proceeding within a period of three weeks.

3. Despite lapse of almost six weeks, no supplementary counter affidavit has been filed. However, learned counsel for the State has produced a photo copy of the order dated 26.9.1998 issued vide letter no. 687 by the Additional Secretary, Personnel and Administrative Reforms Depar


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