AMARESHWAR SAHAY, J. - (1.) THIS writ application is by the widow of late Uma Shankar Prasad who died in harness on 4.4.1999 while he was posted as Branch Manager in Central Cooperative Bank, Kuju (Hazaribagh), for a direction to the respondents for payment of gratuity and leave encashment along with interest @ 18% per annum, which according to her, has not been paid by the respondents illegally inspitc of the fact that she made several representation to the respondents but to no effect,
(2.) MR . C.S. Prasad learned counsel for the petitioner has submitted that in view of the decision in the case of Rebati Raman Kanth V/s. Chairman, Bihar State Electricity Board and Ors., reported in 2000(1) PLJR 192 and in the case of Godawari Devi V/s. The State of Bihar and Ors., reported in 1997(1) PLJR 538 the petitioner is entitled to gratuity and leave encashment as legal due. On the other hand Mr. M.K Roy learned counsel for the respondents on the basis of the averments made in the counter affidavit filed by the Managing Director, Central Cooperative Bank Limited, Hazari -bagh has submitted that from the report of District Audit Officer which was published on 8.11.2000 some defalcation was detected against the late husband of the petitioner and the District Audit Officer had recommended for prosecution and therefore, retiral benefits of late husband of the petitioner has been withheld by the Bank.
(3.) A vague statement has been made in paragraphs 14 and 16 of the counter affidavit that the Award case being case No. 1 of 2002 was filed by the Bank for a sum of Rs. 2,87,621/ - including interest up to 31.12.2001 before the Joint Registrar, Cooperative Society, North Chhotanagpur Division.;