2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 9330 of 2022 Sita Ram Sahu S/o Shri Mohan Singh Sahu Aged About 68 Years R/o Village - Boridkhurd, Post Office Shantipur Via Gurur, Tahsil And District - Dhamtari, Chhattisgarh ---- Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Indrawati Bhawan, Atal Nagar, Police Station- Rakhi, District- Raipur, Chhattisgarh 2 - The Engineer-In-Chief Water Resources Department, Shivnath Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh 3 - The Executive Engineer Water Resources Division No. 1, Raipur, District- Raipur, Chhattisgarh 4 - The Executive Engineer Water Resources Department, Mahanadi Reservoir Project, Dam Division No.2, Rudri, District- Raipur, Chhattisgarh 5 - The Accountant General Office Of Accountant General (A And E), Indian Audit And Accounts Department, Zero Point, Opposite Vidhan Sabha, Baloda Bazar Road, Raipur, District Raipur, Chhattisgarh 6 - The Senior Accounting Officer Office Of Accountant General (A And E), Indian Audit And Accounts Department, Zero Point, Opposite Vidhan Sabha, Baloda Bazar Road, Raipur, District Raipur, Chhattisgarh 7 - The Sub-Divisional Officer Nidhi-10, Office Of Accountant General, Pagariya Bhawan, New Bus Stand, Raipur, Chhattisgarh 8 - The Divisional Joint Director Directorate Of Treasury Accounts And Pension, Raipur Division, Raipur, District- Raipur, Chhattisgarh Respondents For Petitioner : Shri Tridib Bhattacharya, Advocate. For Respondent /State : Shri Rajkumar Gupta, Additional A.G. For Respondent Nos. 5 & 6 : Shri Ashwani Shukla, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 10/12/2025 1. This writ petition has been filed by the petitioner seeking for the following relief : 10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the petitioner. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.12.23 12:18:55 +0530 -2- 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to disburse the final balance of Rs. 6,75,766/- of the petitioner's General Provident Fund which was already accumulated via decree amount with compound interest per annum from the date of retirement to the date of actual payment, in the interest of justice, duly in accordance with law. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay compensation to the petitioner for the fault and the monetary loss caused to him for the reason the amount i.e. his legal claim having not paid on time, in the interest of justice. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2. Fact of the case which emerges from the pleadings are that the petitioner had earlier preferred a writ petition bearing Writ Petition (S) No. 566 of 2021 being aggrieved by the order dated 18.12.2020 passed by the respondent no. 6, Senior Accounting Officer, Office of the Accountant General (A & E), whereby an amount to the tune of Rs. 4,27,554/- along with interest accumulated on it, was directed to be recovered from the petitioner from the negative balance of the General Provident Fund of the petitioner from his account no. CIRR/22241 whereas after the retirement of the petitioner on 30.09.2016, an amount of Rs. 6,78,206/- was to be accrued towards the petitioner as per the balance of the petitioners account no. CIRR/22241 of the General Provident Fund. 3. That, matter came up for hearing before this Hon'ble Court on 12.02.2021, whereby, this Hon'ble court was pleased to direct the respondent no. 2-4 to conduct an inquiry in this regard within a period of 90 days from the date of receipt of copy of the order verifying the fact that whether the petitioner has made any withdrawal from his GPF account during the period of 2003-04 and whether the petitioner has made any application in this regard from the Raipur Division of the respondents from where the withdrawals have been shown and -3- the same can also be counter verified from the records available with the office of Accountant General and an appropriate decision should be taken at the earliest. The Hon'ble Court was further pleased to direct that if the authorities are reached to the conclusion that the petitioner in fact has not made any such withdrawal, the GPF amount payable to the petitioner should be settled within a further period of 90 days. The Hon'ble Court had further. directed that to ensure that subject to the findings of the inquiry if there has been a financial irregularity or misappropriation of the GPF account of the petitioner by some other persons other than the petitioner, appropriate criminal action should also be taken by immediately lodging FIR against the erring officers or employees as the case may be. As an interim relief to the petitioner, it was order by this Hon'ble Court that for the period during which the respondents shall be conducting verification/inquiry, the respondents 5 and 6 shall not take any coercive step against the petitioner for recovery of the amount as reflected in Annexure P-1. 4. That, accordingly the petitioner made representations before the respondent along-with certified copy of order dated 12.02.2021, since no action was taken, the petitioner preferred a Contempt Petition No.455 of 2021 before this Hon'ble High Court. 5. That, in the course of the hearing of the contempt petition reply was filed by the respondents stating that a total of Rs. 13,81,325/- is payable to the petitioner along with the interest and the said amount was accumulated and deposited to be paid to the petitioner but to the utter surprise and dismay of the rights of the petitioner, only an amount of Rs. 7,05,559/- was paid to the petitioner and the contempt petition was disposed of the by the Hon'ble Court looking into the partial compliance of the order of this Hon'ble Court and reserving the right of the petitioner to prefer a fresh writ petition with regards to the interest part which was already calculated to the tune of Rs. 13,81,325/-and also accumulated via decree amount which was passed. -4- 6. Learned counsel for the petitioner submits that the entire G.P.F. amount was not paid to the petitioner and the petitioner was entitled to received Rs.13,81,325/- from the G.P.F. account as certain amounts was debited from G.P.F. account which was deposited in some other person G.P.F. account. Some embezzlement has taken place creating debit entry in the G.P.F. account of the petitioner. After the mistake is rectified that the State Government has deposited Rs.13,81,325/- by way of challan on the account of Accountant General (A.E.), Zero Point, Baloda-Bazaar Road (C.G.) and copy of the challan has filled along-with the return. Despite, the petitioner was entitled to Rs.13,81,325/-, the petitioner was paid only Rs.07,05,559/- and the remaining amount has not been paid by the concerned respondents. 7. Learned counsel for the State submits that after due deliberation and assessment of the entitlement of the petitioner for the amount of Rs.13,81,325/- was deposited in the account of Accountant General (A.E.). Learned counsel for the Accountant General submits that the Accountant General does not keep money from the State Government it is deposited in the Major Head - 809. Thus, if any amount is to be paid that would be paid by the State Government. 8. Heard learned counsel for the parties and perused the record. 9. Be that as it may, the factum of payment of the amount is not in dispute. It is the interse dispute between the State Government and the Accountant General. The remaining of Rs.06,75,766/- amount shall be paid to the petitioner within a period of 60 days from the date of receipt of copy of this order by the concerned respondents. The petitioner would be at liberty to file a fresh petition if any cause of action survives. 10. With these observation and direction, this writ petition is disposed of. Sd/- Sd/-/- (Sachin Singh Rajput) Judge Ashish