Dr. Uday Kumar Chaudhary v. The State Of Bihar Through The Chief Secretary Patna Namely Sri Anjani Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2934 of 2015 IN Civil Writ Jurisdiction Case No. 5019 of 2010 =========================================================== Dr. Uday Kumar Chaudhary, son of Sri Ram Awtar Chaudhary, resident of Mohalla-Sadpura, P.O.-Ramna, P.S.-Kazi Mohammadpur, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary Patna, namely Sri Anjani Kumar Singh I.A.S.

2. The Principal Secretary, Health and Family Welfare, Government, New Secretariat, Patna, namely Sri Brajesh Malhotra, I.A.S.

3. The Principal Secretary, Personnel and Administrative Department, Government of Bihar, Patna, namely Sri Deepak Kumar I.A.S.

4. The Secretary, S.C. & S.T. Welfare Department, Old Secretariat, Patna.

5. The Deputy Secretary, Health and Family Welfare, Government of Bihar, New Secretariat, Patna, namely Soambhu Priya.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. P.K. Shahi, Senior Adv. Mr. Subodh Kumar Jha, Adv.

Mr. Pranav Kumar Jha, Adv.

For the Respondent/s : Mr. Rajiv Roy, G.P.-1 Mr. Arun Kumar, A.C. to G.P.-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 07-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In paragraph No.9 of the third supplementary show cause, it has been stated as follows:- "9. That, it is further submitted that as the same may take some time, the office of the Under Secretary, Health Department, Govt. of Bihar, Patna has come out with the notification vide memo no. 90(3) dated 22.2.2017 by

Patna High Court MJC No.2934 of 2015 dt.07-03-2017 2/2 which the petitioner herein (Seniority No.5229) has been deputed on a higher post of the Additional Director (Head Quarter), Health Department, Bihar, Patna till his regular posting which will be considered in the month of June, 2017, when the transfer/posting will be done as per the Government Circular."

In such circumstance, there is no need to initiate contempt proceeding against the opposite parties. Accordingly, this proceeding is dropped.

However, complain has been made by the petitioner that he is not getting the salary. The authority must ensure the payment of salary to the petitioner, which he is entitled to. (Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 09.03.2017 Transmission Date N/A.