Dr. Mohmudul Hasan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.822 of 2013 In Civil Writ Jurisdiction Case No.10922 of 2007 ====================================================== Dr. Mohmudul Hasan, s/o Late Md. Siddique, Retired Assistant Project Officer (Animal Husbandry Department), D.R.D.A., Giridih, resident of Village- Khirkia, P.S.- Derni, Town and District- Chapra, Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through, Sri Shashi Shekhar Sharma, name of father not known to the petitioner, Principal Secretary, Animal Husbandry and Fishery Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 2.

Sri Rameshwar Singh, name of father not known to the petitioner, Principal Secretary, Finance Department, Government of Bihar, Main Secretariat, Patna.

3.

Sri Indrajeet Singh Dhariwal, name of father not known to the petitioner, Accountant General (A & C)-II, Bir Chand Patel Path, Patna. 4.

The State of Jharkhand, through Sri R. S. Poddar, name of father not known to the petitioner, Secretary, Rural Development Department, Government of Jharkhand, Ranchi.

5.

Sri Pramod Gupta, name of father not known to the petitioner, Deputy Development Commissioner, Giridih, Jharkhand. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG-9 For the State of Jharkhand : Mr. Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-01-2019 Heard learned counsel for the parties.

2. The present application has been filed on 08.02.2013 for initiating contempt proceeding against the opposite parties for their lawful and deliberate defiance of the direction issued by this Court in C.W.J.C. No. 10922 of 2007 dated 24.07.2012.

3. More than 6 1⁄2 years have passed, yet the opposite parties have not complied with the direction issued by this

Patna High Court MJC No.822 of 2013(7) dt.03-01-2019 2/2 Court.

4. Learned counsel appearing on behalf of petitioner submits that the order of the writ Court was even affirmed by the L.P.A. Court, yet the opposite parties have not complied with the direction issued by the writ Court.

5. Under the aforesaid circumstances, the Court is left with no option but to direct the opposite parties to ensure payment of consequential benefit of the order passed by the writ Court dated 24.07.2012 within a maximum period of one month from today, failing which the Principal Secretary, Animal Husbandry and Fishery Department, Government of Bihar shall not draw his/her salary until; (i) the order of the writ Court is stayed, modified or set aside by the superior Court and (ii) the order dated 24.07.2012 is not complied with in its true letter and spirit.

6. With the aforesaid, this application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- U