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Patna High CourtMJC/5245/2012disposed

Sushma Kumari v. The State Of Bihar And ORS

2015-01-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5245 of 2012 ====================================================== Sushma Kumari , w/o Sri Surendra Prasad , resident of village - Gokulchak Milki, P.S. Hilsa, District - Nalanda, At Present Posted As Lady Health Visitor, M.C.H. Centre, Gurugovind Singh Hospital, Patna City, Patna .... .... Petitioner

Versus

1. The State Of Bihar Through Sanjay Kumar Son Of Not Known To The Petitioner, Commissioner - Cum - Secretary, Health Services Department, New Secretariat, Govt. Of Bihar, Patna

2. Sanjay Kumar Son Of Not Known To The Petitioner, Commissioner - Cum - Secretary, Health Services Department, New Secretariat, Bihar, Patna

3. Dr. Surendra Prasad Son Of Not Known To The Petitioner, Director - In - Chief, Health Services Department, New Secretariat, Bihar, Patna

4. Dr. Surendra Pd. Son Of Not Known To The Petitioner, Director, Health Services Department, New Secretariat, Bihar, Patna

5. Dr. Lakhendra Prasad Son Of Not Known To The Petitioner, Civil Surgeon, Patna

6. Dr. Awadhesh Kumar Kashyap Son Of Not Known To The Petitioner, Superintendent, Guru Govind Singh Hospital, Patna City, Patna .... .... Contemnors/Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Deepak Kumar Singh For the Contemnors/Opposite Parties :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-01-2015 Heard learned counsel for the petitioner and learned AC to GA No. 7.

The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of disobedience to an order dated 25/1/2012 passed in CWJC No. 23075 of 2011.

In this case show cause and supplementary show causes have been filed. In the supplementary show cause

Patna High Court MJC No.5245 of 2012 (5) dt.15-01-2015 2/2 categorical stand has been taken that petitioner was given 1st ACP, 2nd ACP as well as 3rd M.A.C.P. and thereafter, vide Annexure - 'B/1', it has been indicated that differential amount i.e. Rs.3,15,243/- has already been paid to the petitioner. The supplementary show cause was filed in the month of July , 2014. However, no reply has been filed, but at the time of hearing it was submitted by learned counsel for the petitioner that payment has not been made in accordance with the sanction order. Since no reply was filed after supplementary show cause, in view of the facts and circumstances disclosed in the supplementary show cause, the court is of the opinion that order has already been complied.

Learned counsel for the petitioner submits that while disposing of the present petition it may be indicated that if petitioner feels that still any grievance exists, he would be at liberty to avail appropriate remedy.

The prayer is allowed.

The petition stands disposed of with liberty as indicated above.

(Rakesh Kumar, J) Praful/- U