Janardan Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1029 of 2017 In Civil Writ Jurisdiction Case No. 21924 of 2014 ====================================================== Janardan Rai .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pratap Sharma For the Respondent/s : Mr. Ashutosh Ranjan Pandey- Aag15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 31-07-2017 Claim of the petitioner for grant of ACP has been rejected by the learned writ court.

We find that recently the Hon'ble Supreme Court by a detailed order passed on 14. 07.2014 in Civil Appeal No. 82268227 of 2012 in contempt petition (Civil) No. 88-89 of 2013 issued various directions in paragraph 36(iii) of the aforesaid order. Hence, learned counsel for the petitioner submits that in case, the case of the petitioner is considered in accordance with the aforesaid direction, the petitioner would be satisfied. Keeping in view of the aforesaid direction and the facts of the case arising out of contempt application filed in this court, this court has directed the State Government to consider the

Patna High Court LPA No.1029 of 2017 (2) dt.31-07-2017 2/2 claim of the employee for grant of ACP in accordance with direction issued by the Hon'ble Supreme Court, we grant liberty to the petitioner to file representation claiming benefit as per Supreme Court's order. The respondents shall decide the claim of the petitioner within a period of three months. With the aforesaid observation, the petition is disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Ravi/- U