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Patna High CourtMJC/661/2021disposed

Lakhendra Paswan v. The State Of Bihar

2025-07-25Mr. Justice Nani Tagia4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.661 of 2021 In Civil Writ Jurisdiction Case No.8713 of 2016 ====================================================== Lakhendra Paswan Son of Late Ram Sundar Paswan, Resident of Village - Rusulpur Osti, P.S. - Mahua, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Deepak Kumar The Chief Secretary, Govt. of Bihar 2.

Mr. Amir Subhani, The Principal Secretary, Department of Home Police, Bihar, Patna 3.

Mr. Rachna Patil, The District Magistrate, Vaishali 4.

Mr. Shree Manish, The Superintendent of Police, Vaishali 5.

Mr. Vijay Prakash, The Deputy Development Commissioner, Vaishali 6.

Mr. Jitendra Prasad, The Additional Collector, Vaishali 7.

Mr. Sanjay Kumar, The Deputy Collector, District General Branch, Vaishali Collectoriate, Hajipur 8.

Mr. Amar Kumar, The Circle Officer Mahua, Vaishali 9.

Mr. Krishna Nandan Jha, The Police In-Charge Mahua, Police Station, Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 25-07-2025 Heard Mr. Anil Prasad Singh, learned counsel for the petitioner and learned counsel for the Opposite Parties.

2. This contempt petition has been filed alleging violation of the order dated 20.02.2019 passed in C.W.J.C. No. 8713 of 2016, wherein this Court had passed the following order:

"In view of the aforesaid assertion,

2/4 this Court would consider it appropriate that the District Magistrate, should consider petitioner's case in light of the policy decision dated 22.6.2018 and pass a reasoned and speaking order on the claim of the petitioner having regard to the fact that there was delay on part of the respondent authorities in accepting petitioner's application for voluntary retirement unde 2014 amendment as also the fact that the petitioner has not withdrawn the said amount from his account which is alleged to have been deposited for payment in respect of certain service which the officer-in-chgarge of the local Police Station has availed of.

Let the consideration be done by the District Magistrate, Vaishali (respondent no.3) within a period of eight weeks from the date of receipt/production of a copy of this order by a reasoned and speaking order in accordance with law having regard to the State's own policy decision dated 22.6.2018.

Needless to say that if the petitioner's claim finds favour with the District Magistrate, Vaishali and it is found to be in accordance with State's policy decision dated 22.6.2018 benefits of the same should be extended to the petitioner as well as his legal heirs/representative as per the policy, within the said period of eight weeks.

3/4 Writ petition stands disposed of."

3. Opposite Party Nos. 3, 5 and 8 have filed the show cause on 25.06.2025.

4. Opposite Party No. 3 is the District Magistrate, Vaishali.

5. In paragraph Nos. 6 and 7 of the supplementary show cause filed by the Opposite Party Nos. 3, 5 and 8, it has been stated as under:

"6. That in order to ensure full compliance of the order of this Hon'ble Court in C.W.J.C. No.8713 of 2016 dated 20.02.2019 the answering opposite party scheduled hearing of the case in presence of the applicant and formed two member enquiry committee vide letter No. 03/Mu dated 09.06.2025 under the Chairmanship of Additional Collector, Vaishali to look into the details of the case as per documents available and make clear recommendation.

The Committee submitted its report vide letter No. 1615 dated 21.06.2025.

7. That on 21.06.2025, the final order has been passed by the answering opposite party No. 3, after following the principle of natural justice giving due opportunity to the applicant of being heard

4/4 and after due consideration of the committee's report and with the passing of this reasoned order, the order passed by this Hon'ble Court in C.W.J.C. No. 8317 of 2016 dated 20.02.2019 has fully been complied with."

6. The report of the committee dated 21.06.2025 as well as the final order dated 21.06.2025 passed by the District Magistrate, Vaishali in terms of the report of the committee dated 21.06.2025 have also been enclosed as Annexures A and B to the supplementary show cause.

7. On perusal of the paragraph Nos. 6 and 7 of the supplementary show cause filed by the Opposite Party Nos. 3, 5 and 8 and also on perusal of Annexures A and B enclosed in the supplementary show cause, I find that the order passed in the writ petition has been duly complied with by the Opposite Party No. 3 / the District Magistrate, Vaishali.

8. Accordingly, the contempt petition stands closed and disposed of.

(Nani Tagia, J) Narendra/- U