Patna High CourtMJC/899/2014dismissed

Birbahadur Singh v. Sri Vijay Kumar Singh And ORS.

2017-08-18The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.899 of 2014 IN Civil Writ Jurisdiction Case No. 21767 of 2012 =========================================================== Birbahadur Singh, Son Of Late Fakira Singh, Resident Of Village- Kakarahata, Police Station- Bidupur, District- Vaishali .... .... Petitioner/s

Versus

1. Sri Vijay Kumar Singh, The Chairman, Multi State Sahkari Bhumi Vikas Bank Ltd. (Bihar-Jharkhand), Budha Marg, Patna-1.

2. Sri Binod Kumar Singh, The Managing Director, Multi State Sahkari Bhumi Vikas Bank Ltd. (Bihar-Jharkhand), Budha Marg, Patna-1.

3. The State Of Bihar Through The Secretary Co-Operative Department, Govt. Of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. NARESH CHANDRA VERMA Ms. Deepika Sharma For the Respondent/s : Mr. Sanjay Kumar Giri, GP 9 Mr. Nikhil Kumar Agrawal =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 18-08-2017 Inter alia containing that an order passed on 18.12.2012 by the learned Writ Court in CWJC No. 21767 of 2012 has not been complied with and the Bank is not making payment of the dues to the petitioner, this application has been filed for initiating action for contempt.

From the show cause filed by the respondents it is seen that Provident Fund amount and Group Insurance have been paid to the petitioner. So far as the leave encashment and arrears of salary are concerned, it is said that the same are being

Patna High Court MJC No.899 of 2014 dt.18-08-2017 2/2 formulated and be paid to the petitioner in accordance with the scheme formulated by this Court in the case of Kamla Prasaad Sharma vs. State of Bihar & Ors. (CWJC NO. 14799 of 2012 and various other cases).

Keeping in view the facts that the respondents are now following the methodology as formulated by this Court in the case of Kamla Prasad (supra) for making payment of the arrears and other dues, no case is made for contempt. The petitioner may claim payment of the amounts in accordance with the policy as formulated in the case of Kamla Prasad Sharma vs. State of Bihar & Ors. (supra). This contempt petition stands disposed of accordingly. (Rajendra Menon, CJ) mrl./- AFR/NAFR NAFR CAV DATE N.A.

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