Prabhu Narayan Labh v. The State Of Bihar, Through Sri Vivek Kumar Singh, The Principal Secretary Revenue And Land Reforms

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2733 of 2017 In Civil Writ Jurisdiction Case No.2940 of 2014 ====================================================== Prabhu Narayan Labh @ Prabhu Narain Labh, son of Late Badri Narain Labh, resident of Village- Gorapatti, P.S.- Ashok Paper Mills, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Sri Vivek Kumar Singh, the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. 2.

Shri Chandrashekhar, the District Magistrate, Darbhanga. 3.

Sri Kari Prasad Mahto, the Sub- Divisional Officer, Darbhanga. 4.

Sri Dharmendra Prasad Gupta, the Circle Officer, Hayaghat, Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Karn, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Bhagat, AC to AAG-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date : 17-07-2019 Heard Mr. Sunil Kumar Karn, learned counsel appearing for the petitioner and Mr. Arun Kumar Bhagat, learned AC to AAG-12 for the State.

By filing a supplementary show cause on behalf of the District Magistrate, Darbhanga, Mr. Bhagat informs that the order has been complied and in so far as the arrears of salary for the period 24.08.2006 to June, 2007 is concerned, the claim of the petitioner has been rejected by the District Magistrate, Darbhanga vide order bearing Memo no. 925 dated 08.07.2019 in reference to an order passed on 16.10.2017.

We take notice of the fact that this contempt application proceeded for non-payment of some arrears dues of the petitioner which is listed at paragraph 2 of the judgment and order of this Court passed on the writ petition. When this matter was taken up on 15.05.2019 it

Patna High Court MJC No.2733 of 2017 dt.17-07-2019 2/2 was fairly accepted by Mr. Karn that the claim present at item no. (b) to (e) has since been paid but the arrears of salary for the period 24.08.2006 to June, 2007 has neither been paid nor the District Magistrate, Darbhanga has passed any order to dispose of the claim. The matter having travelled some distance that ultimately this Court by order dated 26.06.2019 by way of last indulgence gave opportunity to the District Magistrate, Darbhanga to discharge his obligation that this supplementary show cause is filed enclosing the order dated 08.07.2019 which in reference to an earlier order passed by the said Officer on 16.10.2017 has rejected the claim for salary of the petitioner for the period in question.

Though Mr. Karn, learned counsel appearing for the petitioner attempts to question the decision on merits but in my opinion, the forum would be otherwise and, if so advised, the petitioner can question the rejection by filing an appropriate application before the appropriate Forum.

With the liberty above, I dispose of the contempt application. (Jyoti Saran, J) Anjula/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA