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2021 Supreme(Pat) 49

MOHIT KUMAR SHAH
Pradip Kumar Srivastava – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Ranjan Kumar Srivastava, Advocate, Rajnigandha, Advocate, Sunny Raman, Advocate, Satya Vrat, Advocate, Prabhat Ranjan, Advocate

JUDGMENT

Mohit Kumar Shah, J. - The present writ petition has been filed for quashing the order contained in memo no. 3481 dated 25.11.2019, passed by the Principal Secretary, Rural Works Department, Government of Bihar, Patna, i.e. Respondent No. 3, whereby and whereunder the representation filed by the petitioner against the order of recovery of a sum of Rs. 3,99,900/- from the amount of leave encashment of the petitioner has been rejected.

2. The brief facts of the case are that the petitioner was appointed on 09.12.1980 as Assistant Engineer and subsequently, he was promoted to the post of Executive Engineer, whereafter he was promoted to the post of Assistant Engineer in the year, 2000. The petitioner was posted as Assistant Engineer, Road Construction Department, Patna West Pali, for a period of about 10 months i.e. from 06.03.2000 to 25.01.2001 and at that time, a work relating to construction of road from Dulhin Bazar to Rai Talab and from Pali to Kinjar was going on from 1998- 1999 itself, however, the petitioner was transferred from the said place on 25.01.2001. Subsequently, the petitioner had superannuated from his services while working on the post of Executive Engineer,

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