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Patna High CourtMJC/711/2016dismissed

Kumar Satendra Prasad Sinha@ Kumar Satyendra Prasad Sinha v. The State Of Bihar Through Sri Vijay Prakash The Agriculture Production Commissioner Department Of A

2016-05-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.711 of 2016 IN Civil Writ Jurisdiction Case No. 21785 of 2011 =========================================================== Kumar Satendra Prasad Sinha@ Kumar Satyendra Prasad Sinha .... .... Petitioner/s

Versus

The State of Bihar Through Sri Vijay Prakash The Agriculture Production Commissioner Department of Agriculture & Ors .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma For the Respondent/s : Mr. KUNDAN BHADUR SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 18-05-2016 Heard learned Counsel for the petitioner and learned Counsel for the respondents.

The petitioner seeks initiation of contempt proceedings against the Opposite Parties for deliberate disobedience of this Court's order, dated 13.05.2014, passed in CWJC No. 21785 of 2011.

By the said order, the petitioners of CWJC No. 9798 of 2008 and other analogous writ applications were held entitled to the benefits of Assured Career Progression Scheme. It appears from the records that in compliance of the said order, the Bihar State Agricultural Marketing Board (dissolved) has implemented the order and has allowed such benefit to 68 out of 72 employees, who were entitled for such

Patna High Court MJC No.711 of 2016 dt.18-05-2016 2/2 benefit. The petitioner has been denied such benefit on the ground of pendency of departmental proceeding against him. Learned Counsel for the petitioner submits that denial of the said benefit to the petitioner is illegal. This aspect cannot be gone into in the present contempt application. I do not find that any case of deliberate disobedience of this Court's order is made out. This application is accordingly dismissed.

It goes without saying that the petitioner shall be at liberty to take such recourse as may be permissible to him in accordance with law.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- AFR/NAFR N. A.

CAV DATE N. A.

Uploading Date 19.05.2016 Transmission Date N.A.