Nareshwar Prasad v. The State Of Bihar And ORS

Patna High Court MJC No.2552 of 2013 (2) dt.21-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2552 of 2013 In Civil Writ Jurisdiction Case No. 20393 of 2012 ====================================================== Nareshwar Prasad .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 21-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The contempt application has been filed claiming wilful disobedience of the order dated 14.12.2012 passed by this Court in C.W.J.C. No.20393 of 2012.

In the show cause filed on behalf of opposite party No.3, it is stated that pursuant to the direction of this Court, the Director, Higher Education, has considered the representation of the petitioner and passed a reasoned order dated 23.01.2015, which has been annexed as Annexure-A to the show cause, indicating payment of leave encashment for 77 days to the petitioner. Learned counsel for the petitioner admits that the amount under the head of leave encashment for 77 days has already been paid to the petitioner but he raises a dispute with regard to the correctness of the calculation.

In the present proceedings, it is not open to the petitioner to

Patna High Court MJC No.2552 of 2013 (2) dt.21-04-2016 challenge the correctness and otherwise of the order passed by the Director, Higher Education.

The contempt application is, accordingly, dismissed with liberty to the petitioner to take recourse to appropriate forum in appropriate proceedings.

(Ramesh Kumar Datta, J) V.P.Sinha/- U