Murlidhar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19301 of 2014 ====================================================== Murlidhar Mishra, Son of Late Bhola Mishra, Resident of - Village Post - Rangra, P.S. - Gopalpur, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The D.G. cum I.G. of Police, Bihar Patna.

3.

The D.I.G. of Police, Special Branch, Bihar, Patna. 4.

The S.P. (A) Special Branch, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.Anil Kumar Singh, GP 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HARISH KUMAR) Date : 05-12-2022 None appears on behalf of the petitioner.

2. Mr. Anil Kumar Singh, learned GP 26 for the State is present.

3. By filing the present writ application, the petitioner seeks a direction for payment of arrears of salary for the entire dismissal, suspension and custody period of the petitioner with effect from 01.09.1992 to 01.08.2014 till the date of his revocation of suspension.

4. Learned counsel for the State submits that the petitioner was put under departmental proceeding which

Patna High Court CWJC No.19301 of 2014 dt.05-12-2022 2/2 culminated into inflicting of punishment of withholding of three increments with cumulative effect apart from the fact that the petitioner was not entitled to the same remuneration save and except the subsistence allowance. He further submits that the said order has been passed way back in the year 01.08.2014 itself.

5. Considering the fact that the order of punishment has already been inflicted against the petitioner and the same not been assailed which has now been separately required to be assailed by filing the fresh application.

6. Considering the fact that no cause of action survives in the present writ application, the present application stands dismissed.

(Ahsanuddin Amanullah, J) (Harish Kumar, J) Arish/- AFR/NAFR U T