Prabhunath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12697 of 2021 ====================================================== Prabhunath Son of Late Satyadeo Prasad, Resident of Village - Sonbarsa, P.O.- Bishunduttapur, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Road Construction, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Road Construction, Government of Bihar, Patna.

3.

The Additional Chief Secretary to Government, Department of Road Construction, Government of Bihar, Patna.

4.

The Deputy Secretary to Government, Department of Road Construction, Government of Bihar, Patna.

5.

The Chief Engineer, Department of Road Construction, Government of Bihar, Patna.

6.

Director, Road Construction Department, Government of Bihar, Patna. 7.

Executive Engineer, Road Construction Department, Road Division, Samastipur.

8.

Accountant General, (A and E), Bihar, Patna.

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

For the Petitioner/s :

Mr. Durga Nand Jha, Adv.

For the Respondent/s :

Mr. K. K. Singh, (AC to GP-22) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned counsel for the Respondents.

Counsel for the petitioner submits that he has filed a detailed representation on 18.03.2021 i.e. Annexure - 11 on which no decision has been taken by the respondent no. 3. Counsel for the State submits that he has filed the counter affidavit but he simultaneously submits that the representation filed by the petitioner before respondent no. 3 has not been considered as yet.

Patna High Court CWJC No.12697 of 2021(5) dt.31-01-2023 2/2 Counsel for the petitioner submits that till date there is neither any departmental proceeding nor any judicial proceeding is pending against the petitioner.

This Court is granting liberty to the petitioner to file a fresh representation within 6 weeks from today describing his entire claim as mentioned in the writ petition, before the Additional Chief Secretary to Government, Department of Road Construction, Government of Bihar (Respondent no. 3), who upon hearing the petitioner through his representative, shall pass a reasoned and speaking order, within 8 weeks from the date of receiving the said fresh representation.

It is made clear that if petitioner is found payable then payment of his dues shall be made within 6 weeks thereafter. And if claim of the petitioner is rejected, wholly or partially, liberty is hereby granted to the petitioner to again move before the Court.

With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) ashishsingh/- U