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Patna High CourtCWJC/846/2020disposed

Sintu Kumar v. The State Of Bihar

2020-01-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.846 of 2020 ====================================================== Sintu Kumar, S/o Indradev Singh, Resident of Village- Bhadaura, P.O. Bhadaura, P.S.- Haveli- Kharagpur, District- Munger, PIN- 811211. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Home Department, Government of Bihar, Patna.

2.

The Director General of Police-cum-I.G. of Police, Patna. 3.

The D.I.G. of Police, Patna.

4.

The Senior S.P. of Patna. Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baban Roy, Adv.

Mr. Ranjit Jha, Adv.

For the Respondent/s :

Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

The petitioner has a grievance that despite order of this Court dated 03.01.2018, passed in CWJC No. 18337 of 2016, he has not been paid his back wages. He is accordingly seeking a direction from this Court to the respondents to pay him his back wages after his reinstatement in service by virtue of the said order of this Court dated 03.01.2018. Relevant portion of the said order reads thus : "For the reasons aforementioned the order of termination bearing Memo No.4723 dated 10.10.2015 of the Superintendent of Police, Bhojpur at Ara, impugned at Annexure-9 cannot be upheld

Patna High Court CWJC No.846 of 2020(2) dt.16-01-2020 2/2 and is accordingly quashed and set aside.

The petitioner stands reinstated with full back wages. This order however would not preclude the competent authority to proceed against the petitioner afresh but in accordance with law.

The writ petition is allowed."

Since the Court has already issued a direction in the nature of mandamus, no repeated mandamus is required to be issued by this court. It will be open for the petitioner to file a contempt application, if the said order of this Court is not complied with/ implemented.

This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) Rajesh/- U