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2018 Supreme(Pat) 282

AHSANUDDIN AMANULLAH
Shio Kumar Chaubey, son of Late Raghunath Chaubey – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Gyan Shankar, Adv.
For the Respondent: Mr. M.K. Sinha, SC IX

JUDGMENT :

Heard learned counsel for the petitioner, State, Accountant General and Punjab National Bank.

2. In terms of the last order, respondents no. 5 and 7 are present. Supplementary counter affidavit has also been filed on behalf of the respondent no. 7.

3. The issue now is limited to who was responsible for the delayed payment of gratuity to the petitioner despite the sanctioning authority having ordered for the same and even the Accountant General having issued the authority slip. The delay in payment is for about one and half years.

4. From the materials on record it appears that the then Branch Manager, Punjab National Bank, Haswadih Branch, in the district of Bhojpur, had written to the Senior Treasury Officer, Bhojpur, on 23.02.2016 that the original copy of the DCRG has been lost.

5. Learned counsel for the petitioner submitted that the said certificate itself was admission of the fact that the copy was lost by the Punjab National Bank and, thus, in such view of the matter payment being made of Rs.7,51,410/- after more than one and a half years, the petitioner has been deprived of his bona fide and legitimate interest.

6. Today, learned counsel for the respondents no. 6 and 7







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