Ramesh Chandra Sinha vs State of Jharkhand and Others

Amareshwar Sahay, J.—Heard the learned counsel for the petitioner and for the respondents.

The petitioner had moved this Court earlier in WP (S) No. 2813 of 2001 for payment of retrial benefits, pension, gratuity etc. on the basis of last pay drawn by him and also for quashing of Annexure-8 which is the order dated 24.2.2004, whereby the second time bound promotion given to the petitioner was withdrawn. The writ application was disposed of on 20.12.2001 by rejecting the claim of the petitioner. However, it was observed in the said order that with regard to the recovery of the amount which was paid in excess to the petitioner pursuant to the second time bound promotion, the authority concerned will determine as to whether the second time bound promotion was granted to the petitioner on his misrepresentation or not? Against the said order of Single Judge the petitioner filed Letters Patent Appeal being LPA No. 60 of 2002, which was dismissed by a Division Bench on 14.7.2002 affirming the order of the single Judge. From the order of Division Bench in Letters Patent Appeal it appears that with regard to recovery of the amount it was observed that the Controlling Officer shall pass an appropriate order in accordance with law.

It is submitted by the learned counselor the petitioner that pursuant to the order of this Court, he has filed representations (Annexures 5 & 5/1), but no order has yet been passed by the authorities concerned on his representation. These facts are not disputed by the respondents.

In that view of the matter, this writ application is being disposed of with a direction to the Inspector General of Prisons, Government of Jharkhand, Ranchi (respondent No. 3) to pass an appropriate order in accordance with law pursuant to the order passed by this Court in the aforesaid writ application as well as the Letters Patent Appeal within a period of eight weeks from the elate of receipt/ production of a copy of this order.