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Patna High CourtMJC/1119/2014disposed

Anand Kumar Choudhary v. The State Of Bihar And ORS

2015-01-07Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1119 of 2014 In Civil Writ Jurisdiction Case No. 1426 of 2013 ====================================================== Anand Kumar Choudhary son Of Sri Chandra Narayan Choudhary, resident of Village + P.O.- Panchobha, Via- Laheriasarai, P.S.- Bishanpur, DistrictDarbhanga .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Education Department, Bihar, Patna Sri Amarjeet Singh

2. Jag Jiwan Ram Institute of Parliamentary Studies and Political Research, Patna through its Director Dr. Sitaram Singh

3. Dr. Sitaram Singh, Director, Jag Jiwan Ram Institute of Parliamentary Studies and Political Research, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Mishra, Advocate For the Respondent/s : Mr. Sunil Kr. Mandal, SC 24 Mr.Arjun Prasad, AC to SC 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER --------------- 07-01-2015 Heard the parties.

The present application has been filed on behalf of the petitioner raising a grievance that order and direction dated 07.02.2013 passed in CWJC No. 1426 of 2013 (Annexure-1) by this Bench have not been strictly complied with and thereby the opposite parties have committed contempt of this Court. A show cause has been filed on behalf of opposite party no.1 stating therein that in compliance of the aforesaid order dated 07.02.2013 the representation filed on behalf of the petitioner has finally been disposed of by order dated 05.06.2014 (Annexure-A to the show cause). It is also stated that other dues of the petitioner, which have been held to be admissible to him have already been paid to the petitioner. However, so far as the benefit of 2nd ACP is concerned, that could not be paid till date. Learned

Patna High Court MJC No.1119 of 2014 (2) dt.07-01-2014 2/2 counsel appearing on behalf of the petitioner does not dispute the aforesaid submissions.

In view of the aforesaid fair stand, the present MJC application is disposed of with a direction to the Principal Secretary, Department of Education, Government of Bihar, Patna to pay the remaining dues of the petitioner as per order dated 05.06.2014 (Annexure-A to the show cause) within a maximum period of two months from the date of receipt/production of a copy of this order.

It is clarified that if the present order is not complied with and the matter is brought to the notice of this Bench, the matter shall be viewed seriously and the court may consider for initiation of the proceeding of contempt against the opposite parties.

Mr.Arjun Prasad, learned AC to SC 24 undertakes to communicate this order to the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

The present MJC application thus stands disposed of. (Birendra Prasad Verma, J) Tahir/- U