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Patna High CourtCWJC/17339/2016disposed

Dileep Kumar Prasad v. The Union Of India And ORS

2018-08-03Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17339 of 2016 =========================================================== Dileep Kumar Prasad, S/o- Late Ram Sewak Prasad, resident of 201, Ashok Vihar Apartment, Kasturba Path, North S.K. Puri, P.S.- S.K. Puri, P.O.- G.P.O., DistrictPatna. .... .... Petitioner/s

Versus

1. The Union of India through the Accountant General, Bihar, Veer Chand Patel Path, Patna-800001.

2. The Accountant General, Bihar, Veer Chand Patel Path, Patna-800001.

3. The State of Bihar through the Director General of Police, Bihar, Patna.

4. The Additional Director General of Police (Crime Branch), Bihar, Patna.

5. The Home Secretary, Government of Bihar, Patna.

6. The Superintendent of Police (C), C.I.D Police, Bihar, Patna, Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Shri Prakash Srivastava and Ms. Anu Priyadarshni, Advocates For the State :

Mr. Saroj Kuamr Sharma, Advocate For the A.G.

:

Dr. Anand, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 03-08-2018 Heard learned counsel for the petitioner; State and Accountant General.

2. Pursuant to the order dated 27.07.2018, counter affidavit has been filed on behalf of respondents no. 4 and 6. Counter affidavit on behalf of the Accountant General had already been filed earlier.

3. From the counter affidavit of the respondents no. 4 and 6, it transpires that the admitted retiral benefits of the petitioner have been paid.

Patna High Court CWJC No.17339 of 2016 dt.03-08-2018 2/2

4. Learned counsel for the petitioner submitted that she is not disputing the stand for the reason that such stand has been taken on oath in an affidavit.

5. Having regard to the aforesaid, the writ petition stands disposed off.

6. To allay the fear of learned counsel for the petitioner with regard to the veracity of the stand taken in the counter affidavit, the Court can only observe that if it is found that wrong/misleading stand has been taken in the counter affidavit, the law provides for appropriate action.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U