Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1798 of 2019 In Civil Writ Jurisdiction Case No.4135 of 2009 ====================================================== Sanjay Kumar Son of Late Sri Prayag Sahani Resident of Village- Manjhaul (Ghatti Road), P.S.- Manjhaul, District- Begusarai (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar Through its Secretary Road Construction Department, Govt. of Bihar, Patna.

2.

Sri Amrit Lal Meena Secretary of Road Construction Department, Vishweshwaraiya Bhawan, Patna- 800015.

3.

Mr. Satish Kumar Singh Additional Secretary Department of House Construction, Government of Bihar.

4.

Sri Satyendra Kumar Chaudhary Executive Engineer, Bhawan Pramandal, Muzzafarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Prasad Yadav (Aag11) Mr. Jitendra Kumar, AC to Ex-AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 22-04-2025 This contempt application has been filed alleging violation of the order dated 12.01.2018 passed in CWJC No. 4135 of 2019 wherein, in paragraph No. 5 this Court had passed the following order:

"...Looking to the entire facts and circumstances of the case, this Court directs the Secretary, Road Construction Department, Government of Bihar, Patna to call for the report and examine the case of the petitioner. If it is found that though he has discharged the duty but the payment has not been made, in such circumstance, the admitted amount should be paid to the

Patna High Court MJC No.1798 of 2019(4) dt.22-04-2025 2/3 petitioner without delay. All the process should be completed within a period of four months from the date of receipt/production of a copy of this order..."

2. Opposite party Nos. 1-4 has filed a show-cause wherein, in paragraph Nos. 7-11 it has been stated as under: "...7. That at the outset, it is humbly submitted that in compliance of the order of this Hon'ble Court, the petitioner submitted his representation dated 15.05.2018.

8. That thereafter, a report was called from the Chief Engineer (North), Building Construction Department, Govt. of Bihar.

9. That thereafter, the Chief Engineer (North), Building Construction Department, Bihar vide his Letter No.

116(Anu.) dated 10.01.2019 submitted a report along with report of the Executive Engineer, Building Division, Muzaffarpur, which was duly examined by the answering opposite party in totality and also following the principle of natural justice, the petitioner was extended the opportunity of hearing before the answering opposite party on 01.02.2019.

10. That thereafter considering all aspect of this matter threadbare including

Patna High Court MJC No.1798 of 2019(4) dt.22-04-2025 3/3 the submissions of the petitioner as well as report of the Chief Engineer (North), Building Construction Department, Bihar coming to a definite conclusion that the petitioner has not submitted/produced any document/evidence in support of his claim of duty for the period in question.

11. That thereafter, vide Departmental Memo No. 1747 (s) dated 20.02.2019 the claim of the petitioner for making payment of the period in question (i.e. from 01.06.2006 to 30.06.2007) has been rejected by issuing speaking order..."

3. On perusal of the show-cause filed by the opposite party Nos. 1-4, I find that the order dated 12.01.2018 passed in CWJC No. 4135 of 2019 has been complied with by the respondents.

4. Accordingly, this contempt application stands closed and disposed off.

(Nani Tagia, J) Nishant/- U