Raj Kumar Chauhan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4551 of 2015 ====================================================== Raj Kumar Chauhan son of Late Harsh Narayan Singh resident of Mohalla - Chakla Nirmalli, Ward No. -7 , Nagar Parishad , P.S. and District - Supaul . At present , practicing as an Advocate at Civil Court, Supaul having registration no. - 340/1975.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Secretary , Department o f Finance , Govt. of Bihar , Patna. 3.

The Secretary , Department of Law , Govt. of Bihar , Patna. 4.

The District Magistrate, Supaul .

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

For the Petitioner/s :

Mr.Prem Kumar Jha For the Respondent/s :

Mr. S.Raza Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner was engaged as In-charge Govt. Pleader at Supaul w.e.f. 15.02.2001. As per the petitioner, he discharged the duty of In-charge Govt. Pleader regularly till 26.12.2008.

3. Mr. Prem Kumar Jha, learned counsel appearing for the petitioner submits that petitioner submitted the detailed bill before the District Magistrate, Supaul at regular intervals between the period from 2001 to 2008. During course of the arguments, learned counsel placed reliance at Annexure-13,

Patna High Court CWJC No.4551 of 2015(2) dt.06-12-2022 2/3 which is a letter bearing Memo No. 347 dated 15.01.2014 issued by the Secretary, Department of Law addressed to the District Magistrate, Supaul, stating therein that the professional bill has to be paid at the level of District Magistrate itself and for making payment of such bills of the lawyer, the Government has already allotted and sent required amount in each financial year.

4. In view of the aforesaid fact, learned counsel for the State submits that the petitioner may be directed to file a fresh representation before the District Magistrate, Supaul who will consider the same and dispose the representation of the petitioner with reasoned order within a reasonable time frame.

5. After having heard learned counsel for the parties and taking into consideration the nature of relief claimed by the petitioner, the petitioner is directed to file a fresh representation before the District Magistrate along with copy of the bills submitted by him within a period of one month.

6. It is made clear that if such representation is filed by the petitioner, the District Magistrate, Sapaul shall dispose the same in accordance with law by a reasoned order within a further period of three months.

7. Needless to say that if any amount towards the professional bill of petitioner is found payable by the District

Patna High Court CWJC No.4551 of 2015(2) dt.06-12-2022 3/3 Magistrate, the same shall be paid within a period of one month from the date of disposal of the representation. With the aforesaid direction and observation, the petition stands disposed of.

(Anil Kumar Sinha, J) perwez/Ashwani U