Rajdeo Chaudhary v. Mr. Shiv Narayan Jha, Dy. Secretary, Finance Department, Govt. Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3438 of 2017 In Civil Writ Jurisdiction Case No.10795 of 2011 ====================================================== Rajdeo Chaudhary, S/o Shri Shiv Pujan Chaudhary, resident of villageUmeshbad, P.O.-Baidrabad, District-Gaya, at present working as Divisional Assistant, Patna Division, Patna ... ... Petitioner/s
Versus
1. Mr. Shiv Narayan Jha, Dy. Secretary, Finance Department, Govt. of Bihar, Patna.
2. Mr. Tripurari Saran, the Principal Secretary, Environment and Forest Department, Government of Bihar, Patna 3.Mr. Ratnesh Jha, the Dy Secretary, Environment and Forest Department, Government of Bihar, Patna 4.Mr. Raghuvansh Singh, the Director, Ecological and Environment Department, Government of Bihar, Patna
5. Mr. Devendra Kumar Shukla, Principal Chief Conservator of Forest, Patna, Bihar
6. Mr. Arvindra Singh, regional Chief Conservator of Forest, Patna, Bihar.
7. Dr. Gopal Prasad, Forest Conservator, Patna Circle, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bankey Bihari Singh, Adv.
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr.Sarvesh Kumar Singh - AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-02-2019 It is following the order of this Court passed on 30.01.2019 that Mr. Tripurari Sharan, Principal Secretary along with Mr. Prabhat Kumar Gupta, Regional Chief Conservator of Forest standing in substitute of respondent No.7, the Forest Conservator, Patna Circle whose application for dispensation from appearance is on record, are present before this Court and the reason is because the order of this Court passed on the writ petition is not complied.
Patna High Court MJC No.3438 of 2017(6) dt.27-02-2019 2/3 The judgment and order of this Court passed on the writ petition allowed benefits of revision in the revised pay scale to the petitioner with effect from his entry in the cadre of Assistant i.e 03.06.2005 together with the consequential reliefs. It is because the relief never reached the petitioner that the contempt application was filed. A plea of the matter pending in intra court appeal preferred by the State was taken to avoid the discharge, which has also been dismissed.
The contempt matter on dismissal of the appeal was taken up on 30.01.2019 and when 4 weeks time was granted to the opposite party Nos. 2 and 7 for ensuring compliance of the order failing which the concerned opposite parties were directed to be personally present for framing of charge because while the order on the writ petition was passed on 25.5.2017, a period of 10 months had gone past and the reliefs yet eluded the petitioner.
It is in compliance of the order so passed that the two officers named above, while registering appearance, file show cause and Mr. Ankit Katriayar, A.C. to GA 1 with particular reference statement made in paragraphs 10 and 11 of the show cause filed on behalf of opposite party no.6, submits that necessary orders have been passed by the Regional Chief
Patna High Court MJC No.3438 of 2017(6) dt.27-02-2019 3/3 Conservator of Forest for payment of the financial benefits to the petitioner on such revision and accordingly the bill in respect thereof is now to be forwarded to the Treasury for onward payment. Though Mr. Bankey Bihari Singh, learned counsel for the petitioner would submit that it is only a partial compliance but on the assurance given before this Court by the Principal Secretary and the Regional Chief Conservator of Forest who is the author of the orders enclosed in the show cause about the financial benefits reaching the petitioner within a short period that accepting the undertaking, I hereby drop the contempt proceeding and dispense with the appearance of the officers so registered today.
The contempt application is disposed of accordingly.
(Jyoti Saran, J) Bibhash/- U