Dr. Jitendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4205 of 2018 In Letters Patent Appeal No.795 of 2017 ====================================================== Dr. Jitendra Prasad Singh S/o Sri Madhav Singh at present residing at South Road, Amir Chand Kothi, Pakri, P.S.-Pakri, District-Ara (Bhojpur) ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Sanjay Kumar, the Principal Secretary, Health Department, Bihar, Patna 2.

Sri Ravindra Yadav the Under Secretary, Health Department, Bihar, Patna 3.

Sri Sudhir Kumar the Deputy Secretary, Health Department, Bihar, Patna 4.

Smt. Rupam the In-charge Officer (Vai Da. Ni. Cell), Finance Department, Bihar, Patna 5.

Sri Nilotpal Goswami the Accountant General, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.S. D. Yadav ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2019 The petitioner, through the instant application has prayed the following relief:

"For initiation of contempt proceeding against the opposite parties for their willful disobedience and who have deliberately and knowingly flouting the direction and order dated 09.04.2018 passed by Hon'ble the Chief Justice and Hon'ble Mr. Justice Rajeev Ranjan Prasad in LPA No. 795 of 2017 and for suitably punishing them for their willful and

Patna High Court MJC No.4205 of 2018(11) dt.28-11-2019 2/2 deliberate attempt for sitting tight over the order and direction of this Hon'ble Court."

Paragraphs 8 and 9 of the show cause filed by the opposite parties read as under:-

8. That thereafter in pursuance to above communication of the department the incharge officer, Finance (P.C.F.C.) Department, Bihar by a letter dated 14.11.2019 has furnished pay fixation chart of revision of pay of the petitioner.

9. That it is humbly submitted that the Sr.

Treasury Officer, Bhojpur, Ara vide his letter no. 876 dated 05.09.2019 had already sent necessary communication to the Branch Manager, Punjab National Bank, C.P.P.C. New Frazer Road, Patna for ensuring payment of pension and gratuity under revised scale in question.

In view of the same we find that the opposite parties have now taken appropriate action and as such the present petition stand disposed of, leaving it open to the petitioner to agitate the issue, if so advised, in accordance with law. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U