Shivjee Yadav v. The State Of Bihar, Through The Principal Secretary, Panchayat Raj Department, Government Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 2960 of 2018 Arising out of Civil Writ Jurisdiction Case No. 435 of 2016 ====================================================== Shivjee Yadav, Son of Late Banarsi Yadav, Resident of Village - Vishunpura Khurd, P.O. Safri, P.S. Ekma, District - Chapra (Saran). ... ... Petitioner/s
Versus
1.
The State of Bihar, through the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna namely Sri Amrit Lal Meena. 2.
Sri Subat Kumar Sen, the District Magistrate/Collector, Chapra (Saran), Bihar.
3.
Sri Narendra Mohan Jha, the District Panchayat Raj Officer, Chapra (Saran), Bihar.
4.
Sri Amaresh Kumar, the B.D.O. Marhaura, Saran, Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the State :
Mr. Ravindra Kumar, AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-11-2019 Nobody appears on behalf of the petitioner. Learned AC to AAG 6 for the State has assisted the Court.
2. In terms of order dated 13.11.2019, supplementary show cause has been filed on behalf of the authorities. From the same it transpires that much prior to the date on which MACP would have been due to the petitioner, he had already been charge sheeted in a criminal case. Thus, learned counsel for the State submitted that such consideration had to be kept in abeyance as
Patna High Court MJC No.2960 of 2018 dt.21-11-2019 2/2 the relevant Rules do not permit grant of MACP if there is a criminal case pending against the person concerned.
3. Having regard to the aforesaid, the Court finds that the order dated 29.03.2018 passed in CWJC No. 435 of 2016, has been complied with.
4. In view thereof, the application stands disposed off. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T