Dr. Mohtashim Akhtar v. Mr. R. K. Mahajan, The Then Principal Secretary, Education Department, Government Of Bihar, Patna A

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2311 of 2017 Arising out of Civil Writ Jurisdiction Case No. 6670 of 2015 ====================================================== Dr. Mohtashim Akhtar, Son of Late Md. Taki, resident of Mohuddi Nagar (Mohuddipur), P.S. Habibpur, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

Mr. R. K. Mahajan, the Then Principal Secretary, Education Department, Government of Bihar, Patna.

2.

Sri M. Ram Chandernaydu, the Director, Primary Education, Government of Bihar, Patna.

3.

Sri N. K. Verma, the then District Education Officer, Begusarai. 4.

Sri Dhananjay Prasad, the then District Programme Officer, Begusarai. 5.

Sri Nirbhay Kumar, the then Treasury Officer, Begusarai. 6.

Smt. Tanya Singh, the then Accountant General, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Accountant General :

Mr. Kameshwar Prasad Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-09-2019 Heard learned counsel for the petitioner and learned AC to AAG 15 for the State.

2. Three affidavits have been filed on behalf of the authorities today, including show cause on behalf of the opposite party no. 4, who is also present in Court.

Patna High Court MJC No.2311 of 2017 dt.09-09-2019 2/3

3. On 23.08.2019, the Court had observed that as it was the stand of the authorities that the amount due to the petitioner shall be credited into his account on 28th August, 2019, and, thus, the Court had fixed the date today when affidavit showing such transfer in the account of the petitioner was to be filed as also Rs. 25,000/- cost in terms of the earlier order dated 03.04.2019.

4. The stand of the authorities in the affidavit filed today is that the petitioner had not furnished his account number and, thus, the amount could not be transferred in his account. However, cheque of an amount of Rs. 30,018/- and also cheque for Rs. 25,000/- has been produced by the authorities in Court in the name of the petitioner. The same have been handed over to learned counsel for the petitioner for which learned counsel for the petitioner has also given receipt.

5. In view thereof, the Court finds that the order of the Court dated 20.08.2016 passed in CWJC No. 6670 of 2015, has been complied with.

6. The officer has appeared as actual payment of the amount as well as cost had not been made to the petitioner. In view of the same having been paid today, the personal appearance of the officer stands dispensed with. For the delay caused, apology

Patna High Court MJC No.2311 of 2017 dt.09-09-2019 3/3 has been tendered. Accepting the same, the matter stands consigned.

7. The application stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T