Arvind Kumar Singh v. The State Of Bihar Through Sri Anjani Kumar Singh The Chief Secretary Govt. Of Bihar Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2900 of 2015 In Letters Patent Appeal No.1699 of 2014 ====================================================== Arvind Kumar Singh son of Late Rup Narayan Singh, Resident of village and P.O. - Madhopur Hazari, P.S. Sahebganj, District- Muzaffarpur, the retired Superintending Engineer, Rural Works Department, Government of Bihar, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Anjani Kumar Singh the Chief Secretary Govt. of Bihar Patna.

2.

Sri Vinay Kumar, son of not known to the petitioner, presently posted as the Principal Secretary, Rural Works Department, Government of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Manglam, Adv.

For the Opposite Party/s :

Mr. Manish, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 13-04-2023 Heard Mr. S.B.K. Manglam, learned advocate for the petitioner and Mr. Manish, learned advocate for the State.

Vide judgment dated 19.03.2015 passed by a Division Bench of this Court in L.P.A. No. 1699 of 2014, the respondents were directed to conclude the disciplinary proceedings against the petitioner positively by 31.05.2015, failing which the retiral benefits of the petitioner shall be released to him to the extent permissible under law.

In the show-cause reply, it has been stated that since the disciplinary proceeding could not be

Patna High Court MJC No.2900 of 2015 dt.13-04-2023 2/2 concluded by the aforenoted date (31.05.2015), the authority has taken a decision to release the post retiral dues of the petitioner.

There is some dispute with respect to some amount of entitlement which has not been directed to be paid to the petitioner. This would give rise to a fresh cause of action to the petitioner, if he so desires. But so far as the compliance of the order passed by the Division Bench of this Court is concerned, we are satisfied that an appropriate decision has been taken. Mr. Manish, learned advocate for the State, submits that very shortly, the retiral dues which have been released in favour of the petitioner shall be transmitted in his account, if not released uptill now. The contempt petition is disposed of accordingly.

(Ashutosh Kumar, J) ( Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18-04-2023 Transmission Date