Babu Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4017 of 2018 In Civil Writ Jurisdiction Case No.8882 of 2013 ====================================================== Babu Ram Singh ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adovcate For the Opposite Party/s :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Learned Additional Advocate General submits that 90% of pension has been paid, withholding 10% under the Provisions of Rule- 43(c) of the Bihar Pension Rules, 1950 (hereinafter referred to as 'the Rule'). The gratuity has been withheld under the provisions of the Rule- 43(d), since the judicial proceedings arising out of criminal case is still pending. It is his submission on instructions that upon remand after reconsideration, some fresh order of punishment has also been passed. Such developments, subsequent to the Court's order passed in C.W.J.C. No. 8882 of 2013 are not relevant for consideration for this Court today in contempt proceedings. In view of the aforesaid submissions, this Court is not

Patna High Court MJC No.4017 of 2018(7) dt.19-05-2023 2/2 inclined to proceed any further in the contempt proceedings. It shall be open to the petitioner to assail the order in appropriate proceedings.

Accordingly, the contempt petition stands dismissed. Personal appearance of Chief Engineer, Water Resources Department, Government of Bihar, Patna is hereby dispensed with.

(Madhuresh Prasad, J) Raj kishore/- U